Termination of criminal prosecution due to damage recovery

article 18.01.2021

The Article 28.1 of the Criminal Procedural Code of the Russian Federation set a mandatory condition for the termination of criminal prosecution against persons suspected or accused of committing a tax crime or related to the non-payment of insurance fees to the State non-budgetary funds. Earlier it was full recovery of damage caused to the budgetary system of the Russian Federation before the appointment of a court session.

The Federal Law dated 15.10.2020 No. 336-FZ introduced a change excluding the phrase: "before the appointment of a court session". The amendment gives the opportunity to relief from criminal responsibility of persons who have fully paid damages at a later stage of the trial, i.e. already during the court session.

According to the Internet source "Legislative and regulatory acts of the Russian Federation", in 2020 the Article 28.1 of the Criminal Procedural Code of the Russian Federation was applied in judicial practice more than 140 times.

According to the Judicial Department at the Supreme Court of the Russian Federation, the total amount of damage from crimes determined by acts of all legal authorities for the six months of 2020 amounted to more than 26 billion RUB.