CRIMINAL LIABILITY FOR THE ABANDONMENT IN DANGER IN COUNTRIES OF AMERICAN AND ENGLISH LAW SYSTEM
Journal Title: Правовий часопис Донбасу - Year 2018, Vol 63, Issue 2
Abstract
The article discloses the criminal liability for the abandonment in danger in countries of American and English law system and also the analysis of objective and subjective signs of the composition of abandonment in danger. A comparative analysis of the criminal responsibility for abandonment in danger in countries which belong to American and English law family (Canada, USA and England). The object of abandonment in danger in Canada and the USA is the person’s life and health, while in Ukraine one of the objects is only human life. In Canada, abandonment in danger if is committed intentionally, and in the USA it will be a crime if is committed inadvertently. In this regard, there are differences in the punishment appointment for abandonment in danger. In Canada, such a crime is punishable by imprisonment up to 5 years, and in the USA, it is punishable by imprisonment up to 01 year. The subject of abandonment in danger in Canada is a special person; but in the USA is a person, who doesn't have special powers. In this regard, the legislation of Canada is very similar to the Ukraine’s one (the crime is committed intentionally by a special person), however the object is different. In Canada, the object is human life and health, and in Ukraine only human life. Since abandonment in danger is a crime against human life and health, and it can cause health damage in the form of bodily harm, borrowing the foreign experience in the scope of abandonment in danger is necessary for Ukraine.
Authors and Affiliations
Evheniia Pilipenko
Keywords
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- EP ID EP372893
- DOI 10.32366/2523-4269-2018-63-2-155-159
- Views 118
- Downloads 0
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