PECULIARITIES OF THE SUBJECT CRIME FOR PREPERATOR «THREATS OR VIOLENCE AGAINST A JUDGE, AN ASSESSOR OR A JUROR» (Art. 377 of the Criminal Code of Ukraine)
Journal Title: Правовий часопис Донбасу - Year 2016, Vol 56, Issue 2
Abstract
The article, based on the analysis of the existing criminal law provisions and special scientific literature, the analysis of the essential characteristics of the subject of a crime under Art. 377 of the Criminal Code of Ukraine, as the perpetrator in the criminal law is one of the offense’s essential elements. In criminal law theory the subject of crime is a person who has a set of features that give reasons to its criminal liability. For this reason, the absence of the perpetrator excludes the existence of a crime and determines, that there are no grounds to bring the person to justice. The author considers the age of the subject matters of crime or violence threat against a judge, lay judge or juror. The author also analyzes the legislative activity and practice, by age of the perpetrator, under Art. 377 of the Criminal Code of Ukraine. Based on the study, the author suggests at the legislative level to define separate punishment for part. 2, Art. 377 of the Criminal Code of Ukraine, in case of a victim of beatings or light injuries, as well as in the part. 2, Art. 377 of the Criminal Code of Ukraine in case of medium grave body injuries.
Authors and Affiliations
Tatyana Losich
Keywords
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