Essence of the judicial penal in the criminal law


Issue: №3 (63) 2020

Heading: Topical issues of private law


Keywords: judicial fine, content, exemption from criminal liability, fine, encouragement, other measures of a criminal law nature, decriminalization.


The article considers the content of the court fine as a new ground for exemption from criminal liability. The lack of a unified interpretation of the category of “judicial fine” will lead to errors in law enforcement and will impede the solution of the tasks entrusted to this basis of exemption from criminal liability and criminal prosecution. We believe that a court fine is an encouraging individualized measure of criminal legal effect, assigned to a person who has committed a crime of small or medium gravity for the first time and has compensated for the harm that shows a correction (or potential correction), but has not reached reconciliation with the victim. It seems that the judicial fine is on the border between punishment and release from it. Therefore, its reference to other measures of a criminal law nature is fair.