Release from punishment due to illness: problems of law enforcement practice

Abstract

Based on an analysis of court decisions, the authors identify a number of issues that are controversially addressed in law enforcement practice when applying exemption from punishment due to serious illness. They note the lack of a unified approach to understanding the basis for this type of exemption. They also note the uncertainty of the "other circumstances" relevant to the resolution of a convicted person’s petition. The authors propose providing for the possibility of exemption from punishment under Part 2 of Article 81 of the Criminal Code of the Russian Federation when sentencing, but they believe that exemption from the additional penalty of deprivation of the right to hold certain positions or engage in certain activities on this basis is inappropriate.