Lobanova, L.V. Regard for the mitigating circumstances when applying punishment to a person, who has previously concluded a pretrial cooperation settlement

Abstract: The article contains analysis of mitigating circumstances, which are of importance for the application of rules provided for by part 2 and 4 of Art. 62 of the Criminal Code of the Russian Federation. The author analyzes the issues of correlation between these circumstances and the grounds for providing exceptionally light punishment under Art.64 of the Criminal Code of the Russian Federation, as well as some other aspects for the application of mitigating circumstances according to the relevant legislative list. It is stated that the purpose of the pre-trial cooperation settlement is not only (and maybe not so much in) providing an additional stimulus for the more active attitude from a person, who has committed a crime, towards assistance to the investigative bodies, but also in making these activities target-oriented and efficient, usually by providing a requirement to cooperate for the purpose of revealing or investigation of crimes of other persons (part 1 of Art. 317.6 of the Criminal Procedural Code of the Russian Federation). Based upon a number of assumptions, which are also supported by the judicial practice, the author draws a conclusion that part 2 of the Art. 62 of the Criminal Code of the Russian Federation should be formulated as follows: “The period or amount of punishment to a person, who has previously concluded a cooperation settlement and took all measures depending on him in order to fulfill his obligations may not exceed (further provide the option for lighter punishment), if it is shall be proven that this person has also acknowledged his guilt or actively facilitated revealing (investigation) of the crime committed with his participation or of the crime committed by other person (persons)”.

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