Form And Stage Of Realization Negative (Retrospective) Criminal Law Responsibility

Abstract

The article is dedicate of analysis forms realization of negative (retrospective) criminal law responsibility in the doctrine of criminal right. The of conducted analysis of opinions of criminal scientists-lawyers in relation to the forms of realization of negative (retrospective) responsibility to come to the conclusion, that present are three forms of realization : 1) conviction; 2) punishments; 3) previous convictions. From of them only conviction can implemented independently.
The of universally recognized understanding of the stages of negative (retrospective) criminal law responsibility is absent in the doctrine of criminal right. As and rule, criminal scientists-lawyers bind them to the own understanding of concept «criminal responsibility». In of the article three stages of negative (retrospective) criminal law responsibility of man are examined: a) appearance; b) implementation; с) termination.
An author notices that an important value has determination of temporal (sentinels) limits of criminal law responsibility, it is her beginning and completion, according to the Decision of Constitutional Court of Ukraine negative (retrospective) criminal law responsibility of man comes from the moment of set of legal force guilty sentence of court.
Negative (retrospective) criminal law responsibility, which arose up as a result of feasance by it to the crime, can exist and in the unrealized kind. For example: a crime is perfect, but not discovered, he remains latent; not found out a man which committed crime; found out a man which committed crime, but it died, accomplished suicide or killed; found out a man which committed crime, but it uses diplomatic immunity; found out a man which committed crime, but this composition found out a man which committed crime; man which committed crime discovered, but it hides from investigation and court. Criminal law irresponsibility takes place in this case.