SIGNS OF CRIME CONNIVANCE CHARACTERISTICS
Journal Title: Юридичний бюлетень - Year 2018, Vol 7, Issue 2
Abstract
In the article, the signs of crime connivance are examined. It is determined that the subjects having corresponding duties to prevent or warn a crime are responsible for crime connivance. A special legal duty to do or not to do certain actions is provided in the documents regulating certain activity of an official or can come from the regulations of the criminal legislation. An objective side of crime connivance characterized by an official’s inactivity is established. The grounds of legal action against an official’s inactivity are some of his or her duties to do certain actions to prevent or counteract a predicate crime provided with a certain legal document. The awareness of his or her legal duty non-fulfilment resulting in social danger is determined to be very important for a conniving person. Without awareness of the crime executor about the involved person’s intent not to create obstacles to a crime, the causal connection between the involved person’s actions and consequences caused by the crime executor is in non-interference into the actualization of the social-dangerous results of the main crime and its inevitability. A subject of connivance is considered to be a person having a special duty to prevent crime or create obstacles to its commitment, but who, from the point of view of his or her official duties, must prevent crime or create obstacles to its commitment. A subjective side of crime connivance is taken into consideration and characterized with a deliberate form of guilt, and in some cases a crime can be connived because of negligence. Regardless of a psychical (deliberate or negligent) attitude of a conniving person towards the social-dangerous crime results, the attitude towards his or her duties non-fulfilment must only be deliberate. The General part of the Criminal Code of Ukraine is proposed to be added with a norm providing the notion and signs of a crime connivance.
Authors and Affiliations
Андрій Сергійович Беніцький
Keywords
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