Concept of Crimes Related to Careless Deprivation of Life
Journal Title: Держава та регіони. Серія: Право - Year 2016, Vol 2, Issue
Abstract
Analysis of the text of criminal law shows that crimes of careless deprivation of life, marked by different terms. The same elements of crime that are obviously the same content, the legislator called differently, describes the divergent terms. Consider the above example, with respect to such signs of, as a result of a criminal assault, which in this group of crimes is deprivation of life. This result is described by the terms “death of man”, “the victim’s death”, “loss of life”, “casualties.” In some cases where death is allowed to legislator uses the term “other serious consequences.” Art. 251 of the Criminal Code of Ukraine establishes responsibility for violations of veterinary regulations, which drew spread epizootic or other grave consequences). Real behavior of this kind can in some cases lead to serious illness and death of one person or group of people, such as in the case taking brutseloznoho milk or in other situations. There is quite a natural question: is covered in this case of the concept of “other serious consequences” as a synonym of “deprivation of life” or in other words, the first concept is related to a second as a whole and its parts. Similar questions arise when applying the text of Art. 416–417 of the Criminal Code of Ukraine and others. It should be noted, however, and after, legislator allowed for the adoption of the new Criminal Code of Ukraine. The term “accidents to people,” which met in the Criminal Code in 1960, replaced the term “loss of life”. Terminology differences in the description of the consequences of careless deprivation on the life, of course, is not the only difficulty in studying this group of crimes. But the reference to them, at least, very clearly shows the need for features common to all the groups and identifying compounds that are in this group. Such features could reveal a general reckless assault that drew deprivation of life. In our view, the group of crimes related to careless deprivation of life, actually combined, and its constituent crimes identified the nature of the damage (criminal consequences), the homogeneity of the subjective side, the mechanism causing the structure (the objective side). Each of these attributes, in turn, needs a thorough scientific analysis and definition. Only then can they reveal the essence of the group crime.
Authors and Affiliations
О. В. Гороховська
Keywords
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