Approaches to determining the main direct object of escape (Article 313 of the Criminal Code of the Russian Federation): importance for law enforcement practice and improvement of legislation

Abstract

The article examines the issue of the object of the crime under Article 313 of the Criminal Code of the Russian Federation. It is concluded that, depending on the circumstances of the committed act, it may encroach on a different group of social relations. So, if an escape is committed from places of deprivation of liberty, then this act encroaches on public relations that characterize the authority of justice. If the escape is committed from the place of detention by the accused, in respect of whom a preventive measure in the form of detention has been chosen, then this act is aimed at obstructing the administration of justice. A differentiated approach to determining the object of a crime under Article 313 of the Criminal Code of the Russian Federation is of great practical importance. In the first case, if the criminal prosecution and subsequent conviction are found to be illegal, for example, due to the absence of corpus delicti, then it is possible to raise the issue of releasing a person from criminal responsibility for escape due to the absence of corpus delicti (there is no subject of the crime). In the second case, under similar circumstances, a person may be subject to criminal liability (provided that at the time of choosing the preventive measure there were legitimate grounds for its application).