Тараптардың татуласуына байланысты қылмыстық жауаптылықтан босату институтын жетілдіру: Германияның қылмыстық қудалауды шартты тоқтату тәжірибесі

Abstract

The purpose of this article is to analyze the legal nature of the institution of exemption from criminal liability due to reconciliation between the offender and the victim, to identify the problems arising in its application, and to determine legal mechanisms for its improvement. The methodological framework of the study is based on formal legal, comparative legal, systemic, and logical methods of analysis. The research examines the criminal and criminal procedure legislation of the Republic of Kazakhstan, judicial practice, as well as the criminal and criminal procedure law of the Federal Republic of Germany.

The study revealed a number of legal contradictions arising from the application of the institution of exemption from criminal liability due to reconciliation in cases involving criminal offenses encroaching upon two or more legally protected interests. In particular, it is substantiated that compensation for harm caused to the victim does not always ensure full restoration of damage inflicted upon public or state interests. In addition, the German experience of conditional termination of criminal prosecution was examined, demonstrating its effectiveness in achieving the preventive objectives of criminal legislation.

The theoretical significance of the study lies in clarifying the legal nature of the institution of exemption from criminal liability due to reconciliation. Its practical significance is associated with substantiating proposals for the introduction of a mechanism of conditional termination of criminal prosecution. The findings support the need to improve this institution and strengthen mechanisms for the protection of public and state interests.