The criminal law provides for various conditions for exemption from liability. Some of them are enshrined in Art. 75 of the Criminal Code. We will get acquainted with the comments to the norm further. 
Active remorse
Under it in criminal law is understood the positive voluntary behavior of the perpetrator of the crime. This behavior is encouraged by the state through mitigation or release of a person from liability. It is aimed at the complete elimination or reduction of the negative consequences caused to the victim, assistance to law enforcement agencies in the investigation of the act.
Characteristic
Exemption from criminal liability in connection with active repentance has subjective and objective aspects.
The subjective side is formed by internal, conscious incentive motives, emotions and feelings of the culprit. The objective aspect is formed by specific actions, their consequences, the relationship between them, the method and time of their implementation.
Features of the subjective factor
It is believed that it is the foundation of the institute. exemption from criminal liability in connection with active repentance.
According to experts, a radical change is occurring in the mind of the criminal, changing his internal attitudes. As a result, the public danger of a person is significantly reduced.
Meanwhile, in practice, more attention is paid to the objective side. For law enforcement agencies, it is not so much the motive as the outward expression of remorse that is of paramount importance in assessing the behavior of a person after the crime 
Mandatory conditions
In the new edition of Art. 75 of the Criminal Code it is established that exemption from liability is possible if a citizen:
- pleaded guilty (confessed);
- renders assistance to authorized bodies in disclosing the act;
- ready to compensate for the damage caused to them.
However, a prerequisite must be observed. Exemption from punishment is allowed if the person first committed a crime of moderate gravity or light gravity.
Removal of responsibility for acts of other categories from guilty is possible in cases expressly provided for in the relevant norms of the Criminal Code.
Institute specifics
According to some lawyers, incentive norms in practice are designed to reduce the material and procedural costs that occur in the disclosure and investigation of acts. Application of Provisions Art. 75 CC involves concluding a kind of agreement with the perpetrator. At the same time, real repentance of a person does not have special significance.
It is worth saying that in the legislation of a number of CIS countries providing for this institution, the wording does not indicate the subjective aspect, that is, the real repentance of a person.
The presence of such a motive cannot be determined, including indirectly from surrender. The fact is that it can be implemented for completely different reasons. For example, the guilty person is voluntary, because he is indifferent to his fate, seeks to deceive the investigation, etc. 
Meanwhile, the criminal codes of individual countries are exceptions. For example, in the Code of Turkmenistan, the real condition of repentance of a citizen is a prerequisite for the removal of responsibility. And in the Criminal Code of China, Japan, the term "repentance" is not used at all. The legislation of these states refers exclusively to the objective component.
First act
Explanations on this issue were given by the Plenum of the Armed Forces in Resolution No. 2 of 2007.
The subject who committed the first crime of moderate gravity (or minor gravity) is a citizen who was involved in one or more assaults, for which he had not previously been convicted, or the sentence had not yet entered into force. The same category includes persons with a withdrawn / extinguished criminal record for previously committed acts.
If a citizen who does not have a criminal record has committed 2 or more acts of medium / light gravity specified in one or more articles, the rules of Part 1 may apply to him Art. 75 CC.
The person who committed the infringement for the first time is also considered the subject who was previously held liable, but due to non-rehabilitating circumstances, the case against him was closed. 
Active behavior
It is the second prerequisite for use. Art. 75 of the Criminal Code. In this case, as an active repentance may be taken any one action provided for in the norm, or their combination.
It must be said that the removal of responsibility from a citizen by Art. 75 CC perhaps if the court determines that the citizen has ceased to be dangerous to society.
Law enforcement confession
She must be voluntary. Motives of turnout are not important for the investigation.
A citizen can appear in law enforcement by his own decision or after talking with someone (for example, with relatives, friends). Volunteering is a prerequisite. The law does not allow forcing a person to plead guilty.
Other categories of abuse
According to part 2 of article 75, exemption from liability is possible with the active repentance of persons who have committed serious / especially serious acts, if this is established by the notes of the relevant Code. In this case, of course, the rules of Part 1 must be observed.
Active repentance in such situations is expressed in:
- report of an infringement;
- voluntary release of the captured person;
- termination of unlawful acts;
- warning of forthcoming / ongoing crimes.
Controversial issues
According to a number of lawyers, with a literal interpretation of the rules of Part 2 of Article 75, one gets the feeling that the decision to remove the guilty responsibility depends on the discretion of the court. 
Meanwhile, the conditions of release enshrined in the note of the relevant norm of the Special Part are mandatory in content. Consequently, if there are grounds, the court must relieve the person of responsibility, regardless of the category of act, relapse, absence / presence of positive actions after the crime, as described in part 1 of the 75th article. Judicial practice is guided by just such an approach. In these situations, the release does not take place as a result of eliminating / reducing the danger of the perpetrator for society, but in connection with the need to ensure the protection of more significant objects of protection.