A Fresh Look at the Release from Punishment for Corruption Crimes on Probation

Abstract

This publication assesses from the new perspective such an issue as entering into an agreement in criminal proceedings on corruption crimes which arranges a release from serving the punishment on probation. The author shows that release from punishment on probation in case of such criminal offenses is justified. Having moved away from the position she expressed previously, based on the judgments of the European Court of Human Rights, the author gives arguments why this institution should be applied in case corruption crimes are committed. She also challenges the legislative provisions which exclude not only a release from serving the punishment for corruption crimes on probation, but also a range of other rules which may not be currently used for a committed corruption crime.

When concluding agreements in criminal proceedings on corruption offenses, it is not only expedient but also fair to apply exemption from probation. The legislator should further review the measures of criminal law response to corruption in order to have reasonable, fair and consistent criminal sanctions