ANALYSIS OF CASES OF VOLUNTARY RENUNCIATION AND FORCED TERMINATION OF A CRIME

Abstract

A voluntary renunciation to commit a crime is considered when a person stops doing preparatory actions or directly aimed at the commission of an offence, knowing that it may be ended and that it could lead to criminal consequences. The specificity of a voluntary renunciation to commit a crime is that the act is not completed due to circumstances depending on the person. A person, on the basis of his inner feeling, being aware of the consequences, inevitably ceases the beginning of a socially dangerous, wrongful act. It is for this reason that the law provides for the absence of liability of voluntary objectors. However, one of the important questions is to determine whether the abandonment of the crime was «voluntary», to study the factors that caused the person to stop the crime, and on this basis to give a correct legal assessment of the act. It is therefore difficult in judicial and investigative practice to distinguish between voluntary renunciation of a crime and compulsory punishment of a crime. This research article is focused on examining cases of voluntary and forced crime termination, analyzing their unique features, and determining cases that do not involve liability. The author studied the factors leading to the cessation of crime, grouped them according to their similarities, and analyzed them in detail with practical examples. They developed conclusions on the development of the theory of criminal law.