The Supreme Court of Russia gave an important clarification: the sentence will be taken into account as a mitigating circumstance even self-denunciation orally. So that it is not necessary to deal with the paperwork to make a frank confession. Enough to come and tell all. The rest of the investigator will make himself.
Such a clarification was included in a fresh review of jurisprudence.
An example was the case of a citizen who, after the murder, conditionally speaking,sprinkled ashes on his head and surrendered. For this, the Court reduced the sentence to a year. It was 11 years in prison. Was–10.
Russia’s Supreme Court their legal positions motivates offenders to repentance andacceptance of an upright. Than sincere behaves on investigation person, albeit committed a terrible, the softer should be sentence-in the framework of the law, of course.
The Court reduced the sentence to a year for what people called the police and around confessed
“The statement about the appearance of guilt can be done both in written and oralform,” explains the Supreme Court. In other words, specially arrange turnout is not necessarily enough to come and lay out all of the investigator. Most importantly, tell what the result is not yet known.
The fact is that, in practice, courts and investigators do not always zaschityvali oral turnout. By this logic, a person needs to take a pen, paper and write something like statements. Such a “turnout“ was in writing to the criminal case.
Now, the fact that the offender personally confessed to his crime, and it doesn’t matter whether it is wrote on paper or announced on a cellular phone. Her neoformlenie as a written document does not affect the existence of mitigating circumstances. The law encourages the person, nalomavshego wood, to repentance and righteousness.
For example, in the review of jurisprudence provides such a case. The man during a quarrel killed his common-law wife. He paid her more than 10 punches and after realized that woman was not breathing, called the police and reported that he was driving killed a man.
The Supreme Court of the Republic of Tatarstan sentenced a man to 11 years of imprisonment in a penal colony.
But in the end, the Board recognized the appearance of confession as a mitigating circumstance and the sentence was reduced to 10 years.
Active contribution to the disclosure and investigation of the crime should be taken into account as a mitigating circumstance penalty, if a person has submitted information to investigators, not previously known. For example, said the suspects, reported their data and location, told where stashed stolen, and so on.
By the way, the Supreme Court in its reviews of jurisprudence regularly reports on cases in which he had to cancel the sentences because of the lower instance courts treated criminals too severely. These cases should serve as a lesson for the rest of the judges.
For example, even if the offender in the course of the investigation, refused to appear with guilt, she does not lose its force. If his initial testimony used in sentencing, and punishment of man is based on.
By law, voluntary human message of them crime is brought up. So if the suspect, figuratively speaking, to me and he raised his hands, saying, I must confess, all I say please keep in mind, as turnout, there is nothing he will not: neither rebates nor the exemption from punishment.
Of course, the detectives and investigators could theoretically make all as Frank recognition and even to promise easing period. But in court documents, the prices will not rise if no voluntary surrender was not.