Accuracy of qualification as a criminal legal principle

Abstract

In addition to the general (static) principles of criminal law, science also distinguishes the principles of certain areas of criminal law policy (dynamic principles): rule-making, criminalization of socially dangerous acts, sentencing, etc. The sphere of qualification of crimes is also based on its dynamic principles, among which its niche is occupied by the principle of accuracy of criminal law qualification.

The principle considered in the article, according to the author, is the embodiment of the principle of justice in relation to the activity of qualifying criminal acts. The author also gives other points of view regarding the place of the principle of accuracy of qualification in the system of criminal law principles. The author's position is argued, according to which the principle under study does not represent the implementation of the principles of legality and differentiation of responsibility. A distinction is made between the principle of accuracy and the principle of specificity of criminal law qualification.

For compliance with the principle of qualification accuracy, the explanations contained in the decisions of the Plenum of the Supreme Court of the Russian Federation are analyzed. Attention is drawn to the contradictions in them and recommendations are given to eliminate these contradictions. Proposals are presented for improving the criminal law norm, which establishes the rule for qualifying crimes in the presence of competition between general and special norms.