Release from Punishment and Dynamics of Criminal Legal Relations

The legal facts with which the criminal law connects the release from punishment may arise both in situations where the perpetrator has not yet been sentenced or has not yet begun serving the sentence, and in situations where part of the sentence imposed by the convicted has been served. At the same time, the criminal-legal consequences caused by them are heterogeneous, some facts entail full or partial, others – final or inconclusive, others – conditional or unconditional release from punishment. Considering the importance and diversity of the criminal legal consequences of release from punishment, as well as the prevalence of the use of this institution in practice, there is a theoretical and practical need to study the mechanism of influence of specific grounds for exemption from punishment on the development of protective criminal legal relations.

In this regard, the issue of repayment and removal of a criminal record upon release from punishment is particularly problematic and debatable. In this article, on the basis of general scientific and private scientific methods of cognition (analysis, synthesis, classification; system-structural, formal-logical), the types of exemption from punishment under the current criminal law are identified and the mechanism of their influence on the dynamics of protective criminal law relations is disclosed.