PROCEDURALISATION OF SPECIAL GROUNDS FOR EXEMPTION FROM CRIMINAL RESPONSIBILITY IN THE COMMENTS TO THE ARTICLES OF THE SPECIAL PART OF THE CRIMINAL CODE OF THE REPUBLIC OF TAJIKISTAN

Abstract

The article examines the institution of exemption from criminal liability on special grounds provided for in the notes to the articles of the Special Part of the Criminal Code of the Republic of Tajikistan. The author analyses existing problems in law enforcement practice related to the lack of a clear procedural mechanism for implementing these norms. The main thesis is that the special grounds under consideration are a full-fledged substantive and procedural institution based on a socially significant public-law compromise that allows the state to waive the full cycle of criminal proceedings in exchange for socially significant post-criminal behaviour on the part of the individual. The study proposes the development of a ‘procedural standard for assessing the actions’ of a person claiming exemption from criminal liability on special grounds under the Special Part of the Criminal Code of the Republic of Tajikistan. The model presented includes four stages (application by the person, verification and validation of their actions, adoption of a reasoned decision, and a control and verification stage).