Killing through negligence and its distinction with other kinds of murder

2021 ◽  
Author(s):  
Vladimir Myslivyy ◽  
Angelina Mykyta
Keyword(s):  
Criminal Law ◽  
Human Life ◽  
Criminal Liability ◽  
Criminal Code ◽  
The State ◽  
Sufficient Information ◽  
Main Body ◽  
Common Features ◽  
Criminal Offenses ◽  
The Common

Problem setting. According to Art. 27 of the Constitution of Ukraine, everyone has an inalienable right to life, no one can be arbitrarily deprived of life, and the state, in turn, is obliged to protect human life. Protection of a person’s life, as a duty of the state, is manifested in the establishment of criminal liability, enshrined in Section II “Criminal offenses against life and health of a person” of the Criminal Code of Ukraine, who commit socially dangerous acts. whether there are criminal offenses and what punishments they should be committed. The distinction between crimes such as premeditated murder and negligent deprivation of another’s life is important, as criminal law theory still does not have sufficient information on this issue and does not have a complete list of features of the above crimes, but we tried to identify them in our article. Target of research. Deepening their knowledge on the caution of a person’s life due to inconsistency and drawing the line between possible offenses and conditional authority, clarifying the special characteristics of the perpetrator and the victim, outlining the essential features of the perpetrator and the victim, and researching the regulation of negligent proposal of a new version of the Criminal Code of Ukraine. Analysis of resent researches and publications. The theoretical basis for the study of the problem of murder through negligence are the works of legal scholars, in particular, M. Bazhanov, V. Borisov, S. Borodin, V. Glushkov, O. Gorokhovskaya, I. Zinchenko , V. Tyutyugin, O. Us, E. Kisilyuk, V. Kuts, M. Yefimov, S. Likhova, V. Stashis, V. Shablisty and others. Article’s main body. According to Art. 3 of the Constitution of Ukraine, man, his life and health, honor and dignity, inviolability and security are recognized in Ukraine as the highest social value. Given this constitutional provision, the legislator should pay special attention to the criminal law protection of human life and health as the most important public relations. So it is no coincidence that considering such encroachments as one of the most dangerous in the criminal law dimension, the legislator established criminal liability for their commission in Section II “Criminal offenses against life and health” of the Special Part of the Criminal Code of Ukraine. Due to the high public danger and the high prevalence of criminal offenses against human life and health, criminal law theory and law enforcement practice are under increasing scrutiny. Thus, the analysis of judicial practice in recent years shows that, for example, among all murders (Articles 117-119 of the Criminal Code of Ukraine) the number of persons convicted of deprivation of life due to negligence is about 15 percent annually. In our opinion, it is also advisable to analyze the concept of “murder” by comparing the common and distinctive features of the offenses referred to in Art. Art. 115 and 119 of the Criminal Code of Ukraine. According to scientific results, we can conclude that these offenses have many common features. It is possible to understand the common features and preconditions for the spread of these types of offenses. Conclusions and prospects for the development. A study of issues related to the criminal law analysis of murder through negligence and its difference from other types of murder, shows that these acts encroach on the identical object, which is “human life as a set of social relations.” Unfortunately, nowadays the dynamics of offenses committed in Art. Art. 115 and 119 is intensifying, so consideration of their delimitation and characterization of their features is very important. The study examines the main features of these types of crimes, as well as analyzes some provisions of national law and proposes some adjustments to them.

scholarly journals “Inconsequent Carelessness” in Modern Conditions of Criminal Legislative Reform: The Problem and Ways to Solve it

2021 ◽  
Vol 7 ◽  
pp. 3-13
Author(s):  
Serhii Bahirov
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Code ◽  
Mental Attitude ◽  
Legislative Reform ◽  
Criminal Offenses ◽  
Special Part ◽  
The Future ◽  
General Part ◽  
Normative Models

The article highlights the problem of inconsistency of legislative provisions on careless forms of guilt,which are contained in the General Part of the Criminal Code of Ukraine, to the constructive peculiarity ofcriminal offenses that are provided by the Special Part of this Code.The author draws attention to the problem which emerged due to the future transfer of a significantnumber of criminal offenses from the Code of Ukraine on Administrative Offenses to the book of criminaloffenses of the new Criminal Code of Ukraine. The vast majority of these offenses are constructed so as tohave a formal composition, to wit the consequences outside it. At the same time, the construction of acareless form of guilt and its varieties, recklessness and negligence, the normative models of which arecontained in the General Part of the draft Criminal Code of Ukraine, provides for a mental attitude to theconsequences.It is substantiated that the developers of the draft of the new Criminal Code of Ukraine will have todecide on one of the two directions of the system: either to completely abandon the criminalization ofinconsequent carelessness, leaving the legislative concept of carelessness covering only criminal offenseswith material composition, or to agree with the idea of presence of the inconsequent carelessness within theinstitute of criminal offense.Future problems with determining the form of guilt of criminal offenses are shown, if among theprovisions of the General Part of the projected Criminal Code of Ukraine there is a provision on the limitedpunishment of a careless behavior.The principle of constructing norms on criminal liability for careless acts is proposed, according towhich resultative careless delicts should be provided in the book of crimes, and careless offenses with aformal composition should be misdemeanors.In order to properly cover the provisions of the General Part of the future Criminal Code of Ukraine onthe carelessness of all constructive types of careless offenses, the author proposes to provide two types ofcareless form of guilt: resultative carelessness and inconsequent carelessness.Theoretical modeling of the relevant criminal law norms has been carried out, which will consolidate theinconsequent carelessness and its varieties.

scholarly journals Bail in Lithuania’s Criminal Law

Teisė ◽  
2019 ◽  
Vol 112 ◽  
pp. 124-144
Author(s):  
Justinas Bagdžius
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Historical Analysis ◽  
Criminal Code ◽  
The State

The article presents a historical analysis of the release from criminal liability on bail set forth in the Criminal Code of Republic of Lithuania, trying to understand the reasons of its establishment and formation in Lithuania’s Criminal Law. The origins of the surety for perpetrators are sought even in the early ages law of the state of Lithuania.

scholarly journals Domestic And American Model Of Sanctions For Criminal Violations In The Economic Field: Critical Approach By A Comparativist

2021 ◽  
pp. 142-158
Author(s):  
D.V. Kamenskyi
Keyword(s):  
Criminal Law ◽  
Large Scale ◽  
Criminal Liability ◽  
The United States ◽  
Criminal Code ◽  
Critical Approach ◽  
Criminal Sanctions ◽  
American Experience ◽  
Criminal Offenses ◽  
Economic Crimes

The article critically reviews the models of criminal sanctions introduced in Ukraine and the United States for economic criminal offenses. It is emphasized that the meaning of the concept of punishment is inextricably linked to the fundamental category of criminal liability, which means the restrictions provided by criminal law for the exercise of the rights and freedoms of a person for committing a criminal offense. It has been noted that most American courts do not practice “linear” philosophy in terms of sentencing, but on the contrary, take the whole set of unique facts and circumstances with legal significance into account in each criminal case. It has been established that this approach partially resembles the content of paragraph 3, part 1 of Art. 65 of the Criminal Code of Ukraine: the court imposes punishment, taking into account severity of the crime, identity of the perpetrator as well as mitigating and aggravating circumstances. It has been also established that in comparison with the American domestic practice of sentencing in general and for economic crimes in particular seems unreasonably humane, such that it is not able to fully implement the purpose of punishment, declared in Art. 50 of the Criminal Code, and therefore, such as objectively unable to restrain the manifestations of illegal behavior in the economic sphere. The large- scale humanization of criminal liability for economic encroachments carried out by the Ukrainian legislator at the end of 2011, combined with the decriminalization of certain acts and the replacement of imprisonment with fines in sanctions of other norms, has intensified such negative trend. Third, the analysis of the content and application of the federal Penal Code demonstrates not only the advantages of this act of the federal criminal law, but also its individual shortcomings. There is a lot of criticism against this document’s provisions in terms of sentencing for economic crimes. The main reason for criticism is the purely arithmetic relationship between the amount of punishment and the amount of material damage caused by such a crime. Based on the results of elaboration of the American experience in terms of normative provision and practice of application of punishments for economic crimes, a position has been expressed on the expediency of introducing a model of limited formalization of punishments in Ukraine.

scholarly journals Peculiarities of interaction of investigators with operative subdivisions of the National Police of Ukraine.

2021 ◽  
Vol 3 (3) ◽  
pp. 289-293
Author(s):  
Inna Sichkovska
Keyword(s):  
Criminal Liability ◽  
Criminal Code ◽  
The State ◽  
Scientific Article ◽  
Main Task ◽  
Criminal Proceedings ◽  
Procedure Code ◽  
Criminal Offenses ◽  
National Police ◽  
Do So

. The scientific article is devoted to the issues of peculiarities of interaction of investigators with operative subdivisions of the National Police of Ukraine. It is determined that it should be understood as the interaction of employees of inquiry units with operational units of the National Police of Ukraine. The classification, forms and principles of such interaction are specified. The interaction between the coroner and the operative unit during the pre-trial investigation in the form of an inquiry has limits set by the legislator: it can be carried out at any stage of the pre-trial investigation in the form of an inquiry, but must end with the closure of criminal proceedings. application of coercive measures of medical or educational nature, petition for release of a person from criminal liability. When investigating criminal offenses, investigators interact with employees of operational units of the National Police, security agencies, the National Anti-Corruption Bureau of Ukraine, the State Bureau of Investigation, bodies supervising compliance with tax and customs legislation, the State Penitentiary Service of Ukraine, the State Border Guard services of Ukraine on the basis of the Constitution of Ukraine, the Criminal Code of Ukraine, the Criminal Procedure Code, the Laws of Ukraine «On the National Police», «On operational and investigative activities», etc. The investigator, exercising his powers in accordance with the requirements of the CPC of Ukraine, is independent in his procedural activities, interference in which persons who do not have the legal authority to do so is prohibited. The main task of interaction of inquiry units of the National Police of Ukraine with other structural subdivisions of the National Police is prevention of criminal offenses, their detection and investigation, bringing to justice the perpetrators, compensation for damage caused by criminal offenses, restoration of violated rights and interests of individuals.

Exemption from Criminal Responsibility in Cases over Crimes in the Field of Economic Activity

10.12737/7254 ◽  
2014 ◽  
Vol 3 (1) ◽  
pp. 0-0
Author(s):  
Оксана Макарова ◽  
Oksana Makarova
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Economic Activity ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Criminal Code ◽  
Economic Security ◽  
The State ◽  
Constitutional Principle ◽  
The Russian Federation

In recent years in our country the steady tendency to increase of authority of the state in the sphere of business and strengthening of economic security is observed. The state finds new opportunities of effective counteraction of crime in the economic sphere, including by means of liberalization and a humanization of the criminal legislation. Among the main acts aimed at the improvement of criminal law, can be called the Federal law of December 7, 2011 No. 420-FZ “On Amendments to the Criminal Code of the Russian Federation and Certain Legislative Acts of the Russian Federation” which provides the special basis of release from criminal liability for commission of crimes in the sphere of economic activity. The specified basis is fixed in the new Article 761 “Exemption from criminal liability in cases of crimes in the sphere of economic activity” of the Criminal Code of the Russian Federation. In the explanatory note to this document it is noted that “such addition of the criminal law is caused by the necessity of its further humanization and counteraction to abuses in the field of investigation of economic crimes”. In the article mentioned Article 761 thoroughly analyzed in conformity with the requirements of the legal techniques and modern economic realities. The special attention is paid to the conditions of release from criminal responsibility provided for in second part of Article 761, given their critical assessment. It seems to the author that the legislator, providing special possibility of the exemption from criminal liability in cases of crimes in the sphere of economic activity had departed from the constitutional principle of equality of citizens before the law and court, having allowed thereby an inequality between the persons who have committed a crime.

scholarly journals Justification of Life imprisonment in Serbian Criminal Law

Lex Russica ◽  
2021 ◽  
pp. 134-142
Author(s):  
M. Milovic ◽  
M. Pusitsa
Keyword(s):  
Criminal Law ◽  
Family Environment ◽  
Criminal Policy ◽  
Preventive Measure ◽  
Criminal Code ◽  
The State ◽  
Life Imprisonment ◽  
State Institutions ◽  
Criminal Offenses ◽  
Sound Mind

In Serbia, disputes have been going on for years (which are also the subject of many congresses) about the regulation of the most severe types of punishment. The criminal policy of the country shows a tendency to toughen penalties. By attracting a lot of media attention and putting pressure on state institutions concerning certain tragic events caused by the murder and rape of minors, including children, some members of the public hysterically demand that the state respond with the strictest penalties, even if they no longer exist (the death penalty).In December 1, 2019 The Law on Amendments and Additions to the Criminal Code, which, among other things, prescribes life imprisonment, entered into force. It is assumed that the fact that there is a life sentence for particularly serious crimes, such as murder or crimes against sexual freedom in particularly serious forms, may make criminals think twice before committing them. In addition, proponents of the introduction of such a punishment argue that the fear of life imprisonment can act as a corrective and preventive measure, thereby reducing the proportion of these criminal offenses.The paper provides a critical analysis of this justification for the return of life imprisonment to the criminal law. The arguments against this include: 1) statistics confirm that life imprisonment for possible criminals who have committed particularly serious criminal offenses is not a factor of prevention; 2) general prevention is undermined; 3) the previously existing maximum prison term was not an obstacle, that is, it was not a factor of prevention; 3) innovations would not change the decisions of criminals, although they were in their sound mind at the time of committing criminal offenses, realizing the illegality of these actions; 4) it becomes impossible to carry out the correction and re-socialization of the sentenced person, who knows that he will remain closed outside the social and family environment for the rest of his life; 5) it is also necessary to keep in mind that it is the state that financially maintains such criminals.

scholarly journals The crime of the so-called prenatal injury and the question of non-punishability of the mother of a conceived child

2021 ◽  
Vol 18 (4) ◽  
pp. 83-94
Author(s):  
Jan Sobiech
Keyword(s):  
Criminal Law ◽  
Legal Status ◽  
Human Life ◽  
Criminal Code ◽  
The State ◽  
The Body ◽  
Unborn Child ◽  
The Moment ◽  
Legal Subjects ◽  
Controversial Aspect

The article considers the crime of the so-called prenatal injury, which is stipulated in Article 157a of the Polish Criminal Code. The question of the possibility of unpunished interference of the mother in the body of her unborn child is undoubtedly an important and controversial aspect of modern criminal law, especially in the context of the principles of protecting human life and health. The article also touches on philosophical and legal subjects, namely the moment when a person is created and subsequently protected by the state and law. Finally, the article answers the question whether the current legal status should be maintained and how it could possibly be revised.

scholarly journals Electronic payment system as an object of criminal encroachment

2021 ◽  
pp. 515-522
Author(s):  
Oleksandr Vasylenko
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Payment System ◽  
The State ◽  
Electronic Payment ◽  
Electronic Payments ◽  
Criminal Offenses ◽  
Definition Of ◽  
Electronic Payment System ◽  
Legal Entities

Introduction. In recent years, the number of payment transactions carried out using electronic payment systems has grown rapidly. Despite the steady growth of electronic payments among both individuals and legal entities, a number of problems remain unresolved, which primarily include ensuring the security of electronic payment transactions by the state at the legislative level and the development of effective means of combating and preventing crime. in the specified area. The current criminal legislation contains certain rules that can ensure the security of the electronic payment system. But insufficient research of some theoretical aspects of criminal liability for this type of criminal offenses significantly reduces the effectiveness of criminal law protection of this area of life. One such aspect is the theoretical uncertainty of the object that falls under the protection of criminal law. In particular, there is a lack of theoretical definition of the system of electronic payments in terms of the object, which is placed under the protection of criminal law. The aim of the article. The importance of the researched problems and the need to increase the efficiency of the current Criminal Code of Ukraine determine the purpose of this study, which is to define the concept of electronic payment system as an object of criminal protection. Results. Criminal offenses committed in the system of electronic payments belong to a qualitatively new type of mercenary crime in the banking sector, which is directly related to the modernization of economic relations in society. They cover the sphere of economic interests of the state as a whole, individual legal entities, as well as individuals who use the electronic payment system in their own interests. There is a need to develop a universal criminal law terminology in order to improve the regulatory framework governing relations in the field of electronic payments. Unfortunately, the definition of electronic payment system (electronic payment system) has not been properly developed either in the financial and economic sphere or in jurisprudence, and the existing definitions are not clear and contain a list of essential features of such systems. Conclusions. The system of electronic payments as an object of criminal encroachment - is regulated by law the order of public relations for the transfer of funds between participants in the payment system through a special payment mechanism, which is a set of methods, tools, methods to make calculations for effective and safe transfer of funds from the payer to the recipient in time and space and regulated by a special law and payment rules, are implemented on the basis of the contract against which the criminal encroachment is directed. This definition indicates the specifics of the electronic payment system as an object of crime, and also contains a list of all the most important features of this system, which will further contribute to the correct classification of crimes committed in this area.

scholarly journals FORMATION OF THE UKRAINIAN LEGAL DOCTRINE CONCERNING QUALIFICATION OF THE CRIMINAL OFFENSES COMMITTED BY THE ORGANIZED CRIMINAL GROUPS IN CONTEXT OF AMENDING CHANGES TO LEGISLATION ON CRIMINAL LAW

2021 ◽  
pp. 112-116
Author(s):  
D. Ptaschenko
Keyword(s):  
Law Enforcement ◽  
Supreme Court ◽  
Criminal Law ◽  
System Analysis ◽  
Criminal Liability ◽  
Criminal Code ◽  
Legal Doctrine ◽  
Criminal Offenses ◽  
The Supreme Court ◽  
Criminal Groups

The Article 1 of the Constitution of Ukraine regulates: Ukraine is a sovereign and independent, democratic, social, legal state. One of the destabilizing factors in building the rule of law is the commission of criminal offenses by organized criminal groups. Due to the changes in the criminal legislation during the last two years, the criminal law norms have undergone significant changes, which directly or indirectly affect the qualification of criminal offenses committed by organized criminal groups. Given the changes in criminal law, the qualification of criminal offenses committed by organized criminal groups requires uniform systemic approaches, primarily at the level of judicial law enforcement practice. The formation of the Ukrainian legal doctrine on the qualification of criminal offenses committed by organized criminal groups is one of the significant auxiliary guidelines in the formation of such law enforcement practice. To achieve this goal and the defined objectives, the following methods were applied in the study: logical and normative – for the analysis of criminal law on the qualification of criminal offenses committed by organized criminal groups; system analysis – when considering judicial law enforcement practice (first of all, the Supreme Court and the Supreme Court of Ukraine) of the qualification of criminal offenses committed by organized criminal groups. The legislation strengthens criminal liability for criminal offenses by organized criminal groups, in particular, as evidenced by the amendments to the Criminal Code under the Law of Ukraine "On Amendments to Certain Legislative Acts of Ukraine on Liability for Crimes Committed by the Criminal Community" dated by the 4th of June 2020. Before the formation of new approaches to the doctrine of criminal law and law enforcement judicial practice on the qualification of criminal offenses (crimes), a specific part of which is provided by h.ch. 1-5 art. 255 of the Criminal Code, the indirect reference is the provision of the resolution of the Plenum of the Supreme Court of Ukraine of December 23, 2005 №12 "On the practice of consideration by courts of criminal cases on crimes committed by stable criminal groups." Keywords: criminal offenses, criminal community, criminal organization, organized group, creation of a criminal community, leadership of a criminal community, organized criminal groups.

scholarly journals The influence of technology determinism in forming criminal act of legislation

2018 ◽  
Vol 73 ◽  
pp. 12011 ◽  
Author(s):  
Agus Raharjo ◽  
Yusuf Saefudin ◽  
Rini Fidiyani
Keyword(s):  
Human Brain ◽  
Research Methods ◽  
Criminal Law ◽  
Human Life ◽  
Criminal Liability ◽  
Science And Technology ◽  
Criminal Code ◽  
Technological Determinism ◽  
Human Soul ◽  
Criminal Penalties

Technology has entered the human physical and spiritual existence. Technology is the reflection of the human soul in nature, it is the materialization of ideas in the human brain itself. Humans are increasingly fragmented and machines are increasingly dominant in human life, which causes problems in various fields, one of the fields is a law on the formulation of criminal acts in various legislation. To clarify this problem, normative research methods are used with a focus on comparative legislation. Laws of increasingly technological and technological nature adopt legal features in the work of science and technology. Lawmakers make rules that reflect technological determinism as well as against it. They glorify technology as well as make technology as one of the factors of criminal liability. This seems in the comparison between general criminal law legislation that originates from the Criminal Code with other laws and regulations that contain technological elements. Technology-based criminal penalties in general criminal law are unknown, and this only arises after the technology is used to commit criminal acts, such as in criminal acts of decency, humiliation, defamation, and crime dimension technology. This rationale needs to be deciphered considering the lawmakers is poor to give an explanation.

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