Voluntary Abandonment of a Crime in Russian Law: From the Russkaya Pravda to the Criminal Code of the Russian Federation

The article is devoted to a historical-legal analysis of the evolution of the institution of voluntary abandonment of a crime in Russian criminal law, from the Old Russian period to the modern norms of the Criminal Code of the Russian Federation. The study covers the key stages of the formation of this legal phenomenon, demonstrating how approaches to differentiating liability for incomplete crimes have changed under the influence of social, political, and legal factors. The origins of the institution are traced to the Russkaya Pravda (11th–13th centuries), where norms already existed on mitigation of punishment for refraining from unlawful actions (for example, reducing the fine for drawing a sword without striking) or complete exemption from liability upon elimination of the consequences. Particular attention is paid to the period of the Muscovite state (15th–17th centuries), when the Sudebniks of 1497 and 1550 and the Council Code of 1649 indirectly recognized the significance of crime stages, although voluntary abandonment had not yet been expressly enshrined. Aturning point came with the legislation of Peter I—particularly the Military Articles of 1715—which for the first time distinguished stages of criminal activity (preparation, attempt) and provided for reduction of punishment in case of repentance. The article further analyzes the Code of Criminal and Correctional Punishments of 1845, which systematized norms on voluntary abandonment, including exoneration of accomplices who timely prevented a crime. It shows how Soviet law (the RSFSR Criminal Codes of 1922, 1926, 1960) transformed the institution, shifting the focus to the absence of corpus delicti in cases of voluntary abandonment, and how the case law of the Supreme Court of the USSR established criteria of voluntariness and awareness. The concluding part elucidates Article 31 of the Criminal Code of the Russian Federation, under which voluntary abandonment is construed as cessation of preparation or attempt with awareness of the possibility of completing the crime. It is emphasized that the modern approach combines the traditions of pre-revolutionary law (flexibility in evaluating motives) and the achievements of Soviet legal thought (emphasis on crime prevention). The article is addressed to lawyers, legal historians, and students interested in the evolution of criminal-law institutions. The significance of the research lies in demonstrating the continuity of legal traditions and in updating historical experience to improve modern mechanisms for encouraging the abandonment of criminal activity.

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