CRIMINAL LAW IN THE CONTEXT OF GENERAL RELATIVITY
Journal Title: Юридичний науковий електронний журнал - Year 2017, Vol 5, Issue
Abstract
The article analyses topical issue of criminal law, namely the relationship between criminal law and general relativity. Let’s consider the situations that will often occur in the future: action in the space of criminal law of the same jurisdiction will apply to different physical types of space bodies (for example, planets, asteroids, artificial space objects) on which people will be located. In this case, the laws of physics (the rules of general relativity, quantum mechanics and so on) and legal laws should be in interaction with each other. In this regard, it is necessary to consider a number of questions. The spaceship, taking off from the surface of the Earth (this happens, say, in 2500), is moving with acceleration and flying at sublight speed. Then the spaceship returns to Earth. A person on the Earth (hereinafter – A) commits a crime in the sphere of telecommunications, causing technological harm to the spaceship accordingly harming appropriate pilot (hereinafter – B). The harm is caused after the point of separation of the Earth and the spaceship. In the conditions of the acceleration and speed mentioned time dilation of the spaceship is calculated in accordance with the rules of general relativity. It means that from the point of the separation of the Earth and the spaceship to the point of their reunion (landing) time runs more slowly on the spaceship than on the Earth. Let’s take a case in which at the point of the landing mentioned according to the own time of the Earth limitation period in respect of exemption from criminal liability has expired, but according to the own time of the spaceship appropriate limitation period enable A can be held accountable. Let’s also take a case in which after the point of separation mentioned to the point of landing mentioned the legislator decriminalized the crime mentioned. Need to find out: 1) according to what time (the own time of the Earth or the own time of the spaceship) the question of exemption from criminal liability should be solved; 2) according to what time (the own time of the Earth or the own time of the spaceship) the question of the time of entry into the force of the decriminalization clause should be solved. There may be such a view. А is considered to be the person against whom limitation period in respect of exemption from criminal liability has expired/in case of decriminalization mentioned А is considered to be the person who did not commit the crime. At the same time, B has the right to choose the type of the process (civil or criminal) provisions according to which the investigation of causing harm is carried out. In doing so, criminal process provisions and penal enforcement law provisions are applied for the purposes of compensation of harm only.
Authors and Affiliations
О. Л Гуртовенко
Keywords
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