Zatsepin, A.M. Changes in the criminal law and qualification of crimes

Abstract: The author analyzed the qualification of crime when the criminal law has changed. The general qualification rule is that the criminality and punishability of an act is defined by the law which was in force at the time when the crime was committed. An exception from the general rule is the rule on retroactivity of criminal law. Qualification of crimes takes place just in some cases when the criminal law changes according to the Art. 10 of the Criminal Code of the Russian Federation. When the criminality of act is abolished or established, it is undoubtedly applicable, since in one case there shall be elements of a crime in an act, while in another case there shall be no elements of crime in an act, requiring a decision on what shall be the final qualification of a crime. The author analyzes the qualification of crimes when the law abolishing the criminality of an act, or mitigating the responsibility for an act comes into force, or when a law establishes criminality of an act or aggravates the punishment. The conclusion is made that some types of qualification of crimes in the situation when the criminal law changes, which are not regulated by law. The author provides a qualification of crimes when the punishment is partially mitigated and partially aggravated, and the cases of application of the socalled intermediary law in some cases. When the additional qualification of a crime is objectively incorrect, making the decision that the elements of crime are present (are not present) within the certain crime, while they are present or not depends on the changes in the criminal law.

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