Criminal Code in Schemes. Special Part

2018 ◽  
Author(s):  
S. I. Buz
Keyword(s):  
Criminal Code ◽  
Special Part

CODIFICATION PROBLEMS OF NECESSARY DEFENSE AFFECTING ITS IMPLEMENTATION

2020 ◽  
Vol 10 (3) ◽  
pp. 155-163
Author(s):  
PETRUSHENKOV ALEXANDR ◽  
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Educational Institutions ◽  
Scientific Article ◽  
Teaching Staff ◽  
Self Defense ◽  
Special Part ◽  
The Russian Federation ◽  
Legislative Activities

Objectives. The goal of scholarly research is to develop proposals for amendments in criminal law General and Special part of Criminal code of the Russian Federation governing self-defense. The scientific article identifies legislative gaps and contradictions that hinder the effective implementation of the necessary defense and require prompt solutions. Methods. The article analyzes such concepts as “self-defense”, “public assault”, “excess of limits of necessary defense”, “violation of the conditions of lawfulness of necessary defense”, “surprise assault”, “rights defending or other persons, interests of the state”. The use of logical and comparative legal methods allowed us to develop proposals for making changes to the criminal law norms that establish the necessary defense. Conclusions. The article shows the conflicts and gaps legislative recognition of self-defense and, in this regard, the complexity of its implementation in the articles of the Special part of the Criminal code of the Russian Federation and practical application. Changes are proposed to the criminal law norms regulating the necessary defense, both in the General and in the Special part of the Criminal code of the Russian Federation. Sense. The content of the scientific article can be used by the teaching staff of higher educational institutions when teaching the course “Criminal law”. The results of the work can be useful to persons who carry out legislative activities in the field of criminal law. The leitmotif of the article can be used in the preparation of dissertation research.

Formation and development of a Special part of criminal law in the period of the X – beginning of the XX century

2021 ◽  
pp. 150
Author(s):  
Ruslan G. Aslanyan
Keyword(s):  
Criminal Law ◽  
Criminal Code ◽  
Institutional Structure ◽  
Historical Aspects ◽  
Literary Sources ◽  
Special Part ◽  
The Law

The article examines the historical aspects of the formation and development of a Special part of the Russian Criminal Law. The analysis is based on legal monuments of the X - beginning of the XX century and literary sources. The research is developing in three main directions: a) the ratio of the law and other forms of expression of criminal law prescriptions (here the process of transition from customs to the law as the only means of expressing criminal law norms is revealed); 2) types and system of criminal laws (here the transition from intersectoral laws to the formation of a specialized Criminal Code is shown); 3) systematization of criminal law regulations (here the issues of classification of crimes and structuring of criminal law institutions are revealed). As the main result, it is summarized that by the beginning of the XX century, the idea of creating an independent criminal law was not only implemented in the country, but also, firstly, the principle of its pandect structure was put into practice, suggesting the isolation of its Special part in the structure of the Code and, secondly, the principle of building the most Special part, based on the institutional structure of the industry and the content of goods protected by law.

scholarly journals QUALIFICATION OF CRIMES AGAINST LIFE: COMPARATIVE LEGAL ANALYSIS

2021 ◽  
Vol 1 (1) ◽  
pp. 61-67
Author(s):  
Olha Peresada ◽  
Keyword(s):  
Public Relations ◽  
Criminal Law ◽  
Human Life ◽  
Criminal Code ◽  
Legal Analysis ◽  
Right To Life ◽  
Special Part ◽  
Criminal Protection ◽  
The Moment ◽  
The Right

The article considers topical issues of definition and qualification of crimes against human life in Ukraine and abroad. It is proved that the problematic issue of criminal law protection of human life is a significant differentiation of approaches to determining the moment of its onset, which reflects the medical and social criteria for the formation of an individual who has the right to life. It is shown that Ukrainian criminal law gives a person the right to life from birth, while the correct approach is to recognize the beginning of human life and appropriate criminal protection from the moment of onset 10 days after conception, which is consistent with European experience (in particular, France) and sufficiently reflects the medical features of the period of formation of a full-fledged embryo. The article also addresses the issue of the fact that Section II of the Special Part of the Criminal Code of Ukraine combines encroachment on two different generic objects - public relations for the protection of life and public relations for the protection of personal health. This provision of the criminal law of Ukraine does not correspond to the international practice on this issue. In addition, it is reasonable to believe that the two relevant categories of the object of criminal encroachment cannot be considered similar, as such an approach in certain cases can significantly complicate the classification of a criminal offense. It is emphasized that, given the exceptional importance of criminal law protection of human life, it is necessary to formulate a separate section of the Special Part of the Criminal Code of Ukraine, which covers only crimes against life as the main object of criminal encroachment.

scholarly journals Groźba popełnienia przestępstwa o charakterze terrorystycznym w ujęciu art. 115 § 20 k.k. – wybrane problemy wykładni

2019 ◽  
Vol 28 (3) ◽  
pp. 41
Author(s):  
Aneta Michalska-Warias
Keyword(s):  
Criminal Law ◽  
Criminal Code ◽  
Eu Law ◽  
Terrorist Threat ◽  
Special Part ◽  
New Type ◽  
The Relationship

<p>The paper discusses the concept of a terrorist threat in the light of Article 115 § 20 of the Polish Criminal Code. The author stresses the relationship between this term and the punishable threat described in the special part of the Criminal Code. The conducted analysis leads to the conclusion that the terrorist threat must be treated as a special type of the punishable threat and, as a result, many real terrorist threats may not meet the criteria of a forbidden act, e.g. because of the lack of an individualised victim. As a result, there appear serious doubts as to whether Polish criminal law meets the requirements of EU law referring to the criminalisation of terrorist threats and, therefore, the introduction of a new type of offence of a terrorist threat and some changes in Article 115 § 20 and Article 115 § 12 of the Criminal Code have been proposed.</p>

scholarly journals AGGRAVATING AND MITIGATING CIRCUMSTANCES CHARACTERIZING SUBJECTIVE SIGNS OF CRIMINAL BEHAVIOR

2019 ◽  
Vol 29 (5) ◽  
pp. 681-685
Author(s):  
V.I. Tikhonov
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Behavior ◽  
Legal Regulation ◽  
Criminal Code ◽  
Special Part ◽  
The Russian Federation ◽  
Criminal Legislation ◽  
The Impact ◽  
Subjective Side

The Institute of mitigating and aggravating circumstances is presented not only in the norms of the General part of the criminal legislation of the Russian Federation. The application of these circumstances in the construction of individual elements of a crime allows the legislator to differentiate the orientation of the criminal law influence in relation to a specific crime element or in qualifying the fact of life reality. In law enforcement practice, proving the subjective side of a crime often causes significant problems. At the same time, motivation and achievement of a specific goal of committing a crime can have both a mitigating and an aggravating effect. The subjective side has a significant impact not only on the design of the offenses of the Special Part of the Criminal Law, but also on the process of sentencing through legal regulation of circumstances mitigating or aggravating criminal punishment. In this regard, both general and mandatory features of the subject of the crime also affect the procedure for establishing guilt and determining punishment in accordance with the norms of the Criminal Code of the Russian Federation. Of scientific interest is the study of the influence of the process of legal regulation of mitigating and aggravating circumstances in terms of the impact on this process of subjective signs of criminal behavior.

scholarly journals Lietuvos Respublikos baudžiamojo kodekso specialiosios dalies straipsnių sankcijų sudarymo probleminiai aspektai

Teisė ◽  
2011 ◽  
Vol 79 ◽  
pp. 7-21
Author(s):  
Gintaras Švedas
Keyword(s):  
Criminal Code ◽  
Special Part ◽  
The Republic

Straipsnyje analizuojama Lietuvos Respublikos baudžiamojo kodekso specialiosios dalies straipsnių sankcijos, jų rūšys, sankcijų sudarymo principai, taip pat probleminiai sankcijų sudarymo aspektai.The article deals with the sanctions and their kinds in the Articles of the Special Part of the Criminal Code of the Republic of Lithuania, the principles of the construction of the sanctions, as well as some problematical aspects of the construction of the sanctions.

scholarly journals MEASURES OF CRIMINAL JUSTICE RESPONSE TO PROHIBITIONS IN THE FIELD OF TRAFFIC SAFETY AND VEHICLE OPERATION: SOME ASPECTS OF REGULATORY CERTAINTY AND PRACTICE OF USE

2020 ◽  
Vol 2 ◽  
pp. 59-68
Author(s):  
A. Iashchenko
Keyword(s):  
Criminal Justice ◽  
Traffic Safety ◽  
Criminal Responsibility ◽  
Criminal Code ◽  
Primary Role ◽  
Criminal Proceedings ◽  
Vehicle Operation ◽  
Special Part ◽  
General Part ◽  
Criminal Justice Response

The article is devoted to the research of measures of criminal justice response to prohibitions in the field of traffic safety and vehicle operation. It is noted that the primary role in state response to violation of criminal justice prohibitions in the field of traffic safety and vehicle operation is given to punishment, but no less important role is paid to other alternative to prohibition measures of criminal justice nature based on the concussion (special confiscation) or the encouragement (exemption from criminal responsibility or serving a sentence). It is concluded that the normative regulations of threats of application of certain punitive measures of criminal justice nature in sanctions of the articles of this section of the Special part in which the legislator defines the threat of application of various types of punishment for committing the crimes stipulated in crimes’ dispositions, needs specification from the point of view of the system interconnection, along with the provisions of the General Part of the Criminal Code of Ukraine, whereas the practice of application of special confiscation its further distribution and development, considering the proposed recommendations of its delimitation with the so called criminal procedural confiscation as means of criminal procedural concussion. In particular, it is noted that such clarification may be implemented either by enforcing additional penalties specified in the sanctions of Part 1, 2, 3 of Article 286, part 1 of Article 287 of the Criminal Code of Ukraine, to the common list of types of punishments, with their separate meaningful definition in the corresponding articles of the section X of the General part of the Criminal Code of Ukraine, or by covering normative definition in sanctions of the specified articles of section XI of the Special part of threats of application of such additional types of punishments according to the existing parts of the Criminal Code of Ukraine. In this regard the sanctions of Article 286 and 287 of the Criminal Code of Ukraine propose to make appropriate changes. As for the practice of applying special confiscation for committing crimes in the field of traffic safety and vehicle operation, it is recommended that the question of its implementation should be based on the fact that the subject of special confiscation may be defined in paragraph 1 of Part 1 of Art. 96-2 of the Criminal Code - items 6, 6-1 part 9 of Art. 100 of the Criminal Procedure Code, paragraph 2, part 1 of Art. 96-2 of the Criminal Code - item 2 part 9 of Art. 100 of the CPC, paragraph 3, part 1 of Art. 96-2 of the Criminal Code - item 5 part 9 of Art. 100 of the CPC, paragraph 4, part 1 of Art. 96-2 of the Criminal Code - item 1 part 9 of Art. 100 of the CPC items of the material world that possess a certain property value, and are usually considered as physical evidence in criminal proceedings initiated on the fact of committing certain crimes in the field of traffic safety and vehicle operation.

scholarly journals Mistake of fact and endangering actions as circumstances which can affect differentiation of criminal responsibility for unfinished crime

2020 ◽  
pp. 286-290
Author(s):  
Natalia Antoniuk
Keyword(s):  
Social Relations ◽  
Criminal Responsibility ◽  
Human Life ◽  
Subjective Evaluation ◽  
Criminal Code ◽  
Special Part ◽  
The Subject ◽  
Severe Punishment ◽  
A Minor ◽  
Legal Consequences

 Most of the aspects of differentiation of criminal responsibility for unfinished crime though being discussional, are duly researched in the criminal scientific studies. However, the sphere of unresearched institutes exists enabling us to speak about its influence on differentiation of criminal responsibility. This institutes are the mistake of fact and so called “delicts of endangering” The purpose of this research is to analyze the differentiated influence on criminal responsibility of crimes committed with the feature of mistake of fact and of delicts of endangering. It is planned to illustrate, basing on certain examples, the importance of these institutes for differentiation of criminal responsibility. By the way, the task of this article is to reveal the shortcomings of criminal law in force and to make propositions on their removing. Up to date, taking into consideration the provisions of part 3, 4 of Article 68 of the Criminal Code of Ukraine, the court can`t impose punishment on person, guilty of committing a crime under effect of mistake of fact, qualified as attempt, higher than 2/3 of the maximal severe punishment (envisaged in article of special part of the Criminal Code). The court, as well, can`t (in most cases) impose life imprisonment even when the damage totally equals the damage caused by finished crime. For instance, planning to kill with mercenary motives a minor, the guilty person kills an adult. This action can’t be qualified as finished crime, as the mistake of victim occurs. Nevertheless, object of human life is objectively damaged. So, the crucial necessity to make equal between each other finished crime and crime, committed under influence of mistake of fact, is evident. Differentiating criminal responsibility in situations when damage is desired by the guilty person, the legislator in fact hasn’t bothered to duly differentiate criminal-legal consequences in case of endangering without the desire of such damage. That`s why it is of great importance to regulate by norms criminal actions which are endangering social relations with social dangerous damages, but don’t have the features of criminal aim, motive and desire of guilty person. This step can provide differentiated approach towards socially dangerous behavior, delimiting the estimation of act and consequence. It can concentrate the attention on subjective evaluation of potential consequences by guilty person, notwithstanding the factors, which often exist besides mental estimation of the subject.

scholarly journals Guilt in compositions of crimes against bases of national safety of Ukraine: problem questions of theory and fixing in a law on criminal responsibility

2019 ◽  
pp. 136-150
Author(s):  
R. Chorniy
Keyword(s):  
National Security ◽  
Criminal Behavior ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Criminal Code ◽  
Special Part ◽  
Direct Indication ◽  
General Part ◽  
The Law ◽  
Transfer Of Information

The article is devoted to the investigation of forms and types of guilt in the composition of crimes against the basics of national security of Ukraine. The presence of a number of unresolved issues at the theoretical and legal level on this issue actualizes the need for its scientific elaboration and formulation of proposals to improve the provisions of the law on criminal liability. The purpose of the article is to investigate the problematic issues of forms and types of guilt in crimes against the bases of national security of Ukraine, ways of fixing them in the articles of Section I of the Special part of the Criminal Code of Ukraine and to develop sound proposals for their solution based on the provisions of the doctrine of criminal law. The article presents the existing approaches of doctrinal interpretation by scientists of the provisions on wine, its forms and types, through which the research of this feature in the crimes under Art. Art. 109 - 114-1 of the Criminal Code of Ukraine. It is proved that the most reasonable is the psychological concept of guilt, which promotes the insertion of forms and types of guilt in crimes against the basics of national security with a formal composition, the elucidation of forms of guilt in the warehouses of crimes provided by articles of section I of the Special part of the Criminal Code of Ukraine, in which the legislator directly does not say that it is one of the preconditions for the proper qualification of the act committed by the person. It is proved that the basis for the conclusion about the intentional form of guilt is based on: 1) a direct indication of it in the norm of the law (Part 1 of Article 110 and Part 1 of Article 111 of the Criminal Code of Ukraine); 2) indication of the specific purpose or motives of the criminal behavior (Part 1 of Article 109, Note 1, Part 1 and Part 2 of Article 110-2, Article 113, Part 1 of Article 114 and Article 112 of the Criminal Code of Ukraine) ; 3) combination of the above mentioned features in one norm (Part 1 of Article 110 of the Criminal Code of Ukraine); 4) interpretation of terms used in the dispositions of certain articles and / or through the description in the law of the features of the crime (Part 1 of Article 110, Part 2 of Article 109, Part 1 of Article 110, Part 1 of Article 111, Article 112, Article 113, Part 1 of Article 114 and Part 1 of Article 114-1 of the Criminal Code of Ukraine); 5) interpretation of terms used in other articles of the Special (espionage as a part of state treason) or articles of the General part of the Criminal Code of Ukraine (conspiracy to commit the actions provided for in part 1 of Article 109 of the Criminal Code of Ukraine (Article 26 of the Criminal Code of Ukraine), attempted murder state or public figure (Article 112 of the Criminal Code of Ukraine) (part 1 of Article 15 of the Criminal Code of Ukraine); 6) the orientation of socially dangerous acts. The specifics of constructing all these norms testify to the direct intent of the person who committed the respective crime. On this basis it is substantiated that the lack of specification of intent in part 1 of Art. 111 and Part 1 of Art. 110 of the Criminal Code of Ukraine does not contribute to the clarity of the provisions of the Criminal Code in the specified part, and the direct intent in the composition of these crimes is evidenced by: 1) special purpose (Part 1 of Article 110 of the Criminal Code); 2) the terms used in the dispositions of the said articles (“violation of the order… established by the Constitution of Ukraine” (part 1 of Article 110), “transfer of information…, transition to the enemy's side, rendering… assistance in carrying out subversive activities against Ukraine”) ( Part 1 of Article 111); 3) the focus of socially dangerous action. In order to eliminate the ambiguous interpretation of the provisions of Part 1 of Art. 110 and Part 1 of Art. 111 of the Criminal Code it is proposed to amend them accordingly. The forms and type of guilt in the warehouses of crimes with material composition (Part 3 of Article 110, Part 3 and 4 of Article 110-2, Part 2 of Article 114-1 of the Criminal Code of Ukraine) were not clearly reflected in the relevant rules of the law. It is substantiated that the subject's attitude to socially dangerous consequences (deaths of people (h. 3 Art. 110, h. 2 Art. 114-1), other grave consequences (h. 3 Art. 110, h. 4 Art. 110- 2, Part 2 of Article 114-1) Causing considerable property damage (Part 3 of Article 110-2) can be intentional or negligent.

scholarly journals Criminal Liability of Legal Entities under the Laws of the Former Yugoslav Republic of Macedonia

2018 ◽  
Vol 8 ◽  
pp. 73-80
Author(s):  
Aleksandr V. Fedorov ◽  
Keyword(s):  
Criminal Liability ◽  
Criminal Code ◽  
Legal Entity ◽  
Criminal Sanctions ◽  
Republic Of Macedonia ◽  
Special Part ◽  
Yugoslav Republic ◽  
The Republic ◽  
Discretionary Powers ◽  
Legal Entities

The article is dedicated to the review of the laws of the Republic of Macedonia (the Former Yugoslav Republic of Macedonia) on criminal liability of legal entities established in 2004 by introduction of amendments and supplements to the Criminal Code of the Republic of Macedonia. The article analyzes legal resolutions allowing consideration of a legal entity as a criminal liability subject; gives a scope of legal entities which can be brought to criminal liability; focuses on the fact that legal entities in the Republic of Macedonia may not be brought to criminal liability for any acts acknowledged as punishable by the national criminal laws, rather for the acts which are specifically addressed in the articles of the Special Part of the Criminal Code of the Republic of Macedonia or other criminal laws. The author reviews such types of criminal sanctions applicable to legal entities as a fine, legal entity liquidation, forfeiture and sentence publication; notes the circumstances taken into account at punishment imposition and conditions for release from punishment as well as criminal and procedural peculiarities of bringing legal entities to liability including indication of broad discretionary powers of a prosecutor in solution of issues on bringing legal entities to criminal liability.

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