Author

Mikhailov K.V.

Title of article

Probation in the criminal legislation of Russia and Germany: similarities, differences, reception

Section

Section 10. Comparative studies and foreign experience

Issue, year

2 (32) 2015

Abstract

As we know, the institute of probation exists not only in the Russian criminal law, but is also widely used in foreign countries’ practice, including continental Europe, that suggests its common features. But the procedure for application and abolition of probation significantly differs in the criminal legislation of different countries. The efficiency of the reception and experience exchange determine the need for comparative legal study of probation. A comparison of the rules fixed in the German Criminal Code is made. Their similarities and differences from similar rules provided by the RF Criminal Code are described. The proposals to supplement the institute of probation under Russian criminal law by certain provisions, which will increase the efficiency of its application in the judicial and penal practice, are made. Thus, despite the overwhelming similarity of the compared institutions they have noticeable differences, which are: fine (Germany) imposed in cases of warning and releasing the convict from serving the sentence; the number of restrictions in sentencing: two restrictions on applying warning (Germany), four restrictions on applying probation (Russia); the probationary period: from one year to three years (Germany), from six months to five years (Russia). As a result of comparison of probation and warning with the caveat about the possible application of punishment, the position preferred for the reception is fixing the duty of the convicted to ensure the achievement of an agreement with the victim, or compensate for the damage caused by the act otherwise (it’s not imperative in the RF Criminal Code).

Keywords

exemption from punishment, probation, criminal code, the duties of the convicted, the Federal Republic of Germany.

References

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