Appearance - a voluntary personal appeal (appearance) of the person who committed the crime , with a statement about the commission of the crime to the body of inquiry, the investigator , prosecutor or the court (judge) and with the intention of handing himself over to justice before bringing the accused or suspect.
A confession is one of the forms of active repentance, a circumstance that mitigates responsibility or exempts (subject to the conditions specified in the law) from it [1] . When committing crimes for which life imprisonment or the death penalty relies, the appearance cannot be taken into account to commute the sentence [2] .
Russian Federation
In Russia (due to contradictions in judicial practice regarding confession), the instructions of the Plenum of the Supreme Court of the Russian Federation are important [3] .
Notes
- β Radko T. N. Confession // Theory of state and law in schemes and definitions: textbook. allowance. - M .: Prospect, 2011.
- β Confession: what gives and when can it help (Russian) (neopr.) ? (November 13, 2018). Date of treatment February 10, 2019.
- β Brilliants A.V., Pobryzgayeva E.V. Criminal Code of the Russian Federation in the materials in force by the decision of the Plenums of the Court of the Russian Federation (USSR) with comments. - S. 102. - ISBN 978-5-482-01668-8 .
Links
- Lykoshin A.S. Povinnaya // Brockhaus and Efron Encyclopedic Dictionary : in 86 volumes (82 volumes and 4 additional). - SPb. , 1890-1907.
- Appearance must be taken into account when sentencing by court - Russian Prison Portal
- Sukharev A. Appearance // Large Legal Dictionary. - 2005.
- Soviet encyclopedic dictionary . 1987.