ROBBERY IN THE CONTEXT OF THE PROHIBITION OF DOUBLE JEOPARDY PRINCIPLE: PARTICULAR PROBLEMS OF LAW ENFORCEMENT
Journal Title: Науковий вісник Ужгородського національного університету. Серія: Право - Year 2017, Vol 43, Issue 3
Abstract
The article reveals existing problems of law enforcement in the context of prohibition of double jeopardy principle on the example of such a crime as brigandage (Art.187 of the Ukrainian Criminal Code). It is concluded that qualification of brigandage and the consequences caused by violence that is dangerous for life and health or its threat depends on the type and degree of their intensity. Leading in of such a feature as perpetration by an organized group complicates the dis- tinction of banditry (Art. 257 of CC) and the armed brigandage committed by an organized group (p. 4 art. 187 of CC.) One needs to distinguish the competition of criminal law provisions in brigandage (art. 187 of CC) and cumulative offenses. On the one hand, cumulative offenses suppose enforcement of all of articles belonging to committed offenses.
Authors and Affiliations
Г. С. Тiгранян
Keywords
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