Aleksandr Zatsepin1
  • 1 Russian Academy of Justice, Ural Branch (the Russian Federation Ministry of Justice), Russian Criminology Association, Russian Federation Internal Ministry (Sverdlovsk Region), 15-5 Engels Str., Ekaterinburg, 620075, Russian Federation

Modifying a Criminal Law as a Prerequisite for Additional Classification of Crimes

2015. No. 1. P. 105–114 [issue contents]

Additional qualification of crimes is provided not to all the changes of criminal law according to article 10 of the RF Criminal Code. Eliminating or identifying the criminal nature of an act, this rule holds as for one law a criminal case should be available and in the other be absent. A decision is required as for the final qualification of crime — positive or negative. Additional information is also required to mitigate or increase punishment as criminal component does not change and the criminal case is supposed by both new and old criminal law. However, when the situation of the criminal improves or deteriorates neither the criminal nature nor punishment change. Theoretically and practically, it is evident that the time when a crime was committed should be considered differently taking into account the presence or absence in the case of socially dangerous consequences. Of course, the actions reflected in the criminal law as a criminal case are complete only with the moment of consequences and cannot be incomplete in the process. Only after the consequences get evident, the act due to negligence becomes a crime. However, it does not mean that such an act continues after committing socially dangerous actions (failure to act). A crime may be committed only by an action or failure to act. At the same time, modifying criminal law is possible only after some act is committed and the modification gets possible only by eliminating, establishing a crime. Such legislative decisions on the operation of criminal law are seen as incomplete. They do not predetermine the additional qualification of crimes for all changes in criminal law.


Zatsepin A.M. (2015) Modifying a Criminal Law as a Prerequisite for Additional Classification of Crimes.

Pravo. Zhurnal Vysshey shkoly ekonomiki, no. 1, pp. 105–114 (in Russian)
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