Pavel Panchenko1
Strategy of Legality and Tactical Compromise in Criminal Law
The paper analyzes the legal law institution of compromise representing a system of legal norms allowing the parties in the event of the conflict of interests to reach (within certain limits) implementation of such norms. This is a tactical device based on: 1) refusal of the state from criminal law response to the crime if e.g. a) the committed crime or the person who committed it is characterized with a minimum of danger, or the forbidden by law deed was committed for a good purpose provided by law; b) a possibility is given to exchange a foreign citizen who committed a crime against the interests of the Russian Federation or a person without citizenship to the Russian Federation citizen prosecuted abroad; 2) agreement between the state and its citizen suspected or accused in committing a crime as to the behavior of the person such as: a) relief from criminal liability or punishment; b)mitigating the punishment. Taking into account the special features of the parties, the compromise may be divided into at least two types: a compromise between state and society as to a)general principles, causes and limits of criminal responsibility; b) crime and punishment of special types of dangerous for society deeds; 2)between the state and its citizens as to a) their guilt, liability and a specific punishment; b) agreement between the guilty and victim as to the ways of resolving a conflict involving criminality; 3) state and another state as to a) exchange of the prosecuted persons — citizens of different states or living there and a person without citizenship; b) extradition to another state the prosecuted a foreign citizen or a person without citizenship. It has been suggested to improve the efficiency of the institution of compromise in criminal law.