ON THE QUESTION OF THE GROUNDS FOR TERMINATION OF CRIMINAL PROSECUTION OF MINORS |
3 | |
2013 |
scientific article | 343.1: (075.8) | ||
158-159 | crime, criminal prosecution, corpus delicti, age of criminal liability, dismissal of case, rehabilitation, exonerative grounds, non-exonerative grounds. |
We consider the grounds for termination of criminal prosecution concerning the persons who have not reached the age of criminal discretion by the time when crime was committed. The Criminal Procedure Code prescribes in these cases to make the decision in accordance with item 2 ch.1 of Art. 24 – in the absence of corpus delicti. The author doesn't agree with such recommendation of the legislator and proves her point of view concerning the return to the former formulation of the law that existed until 2002. |
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