SOME DISCUSSION QUESTIONS ABOUT THE ATTEMPTED CRIME
Journal Title: Юридичний науковий електронний журнал - Year 2016, Vol 6, Issue
Abstract
In this article analyzes the exist in science of criminal law point of view about the possibility of criminal responsibility for an assassination attempt at excess of the measures needed to detention offender. Article has arguments about the possibility of criminal prosecution of persons for assassination attempt at excess of measures necessary to apprehend the perpetrator. The detention the offender is a separate type of lawful behavior of citizens. It is an independent circumstance that excludes public danger and wrongfulness of a criminal act. The law indicates that adopt measures necessary to apprehend the offender can not only the victim but also other persons who have no special duty to apprehend the offender. Enshrined in Chapter VIII of Criminal Code of Ukraine Institute of circumstances precluding criminality of an act and in particular the detention of the offender (Art. 38 of the Criminal Code), is a guarantee of the constitutional provision that «everyone has the right any means not prohibited by law means to protect their rights and freedoms from violations and illegal encroachments» (p. 4 of Art. 55 of the Constitution of Ukraine). In many scientific studies scientists explored the institute of circumstances precluding criminality and exceeding limits. This research is profound and comprehensive. But scientists have not explored the in detail question of existence of assassination attempt in excess of measures necessary to apprehend the offender. Possibility of the existence assassination attempt by exceeding the measures necessary to apprehend the offender and the responsibility for this assassination attempt been and remain disputable. Assassination attempt at excess of measures necessary to apprehend the offender is possible. He must find appropriate qualifications under Part 2 or 3 Art. 15 and Art. 118 or 124 of the Criminal Code of Ukraine.
Authors and Affiliations
А. В. Горностай
Keywords
Related Articles
- EP ID EP474952
- DOI -
- Views 63
- Downloads 0
PROTECTION OF THE GEOGRAPHICAL INDICATIONS UNDER UKRAINIAN AND US LAW
The scientific article examines the concept of the legal category “geographical indication”. It is analyzed that «geographical indications» (“GIs”) are defined at Article 22(1) of the World Trade Organization’s (WTO) 199...
FEATURES OF DETERMINATION OF CRIME IN LARGE CITIES
Crime is a problem of society. It is important to investigate the causes and conditions of committing crimes. On the territory of a State crime manifests differently. It depends on the level of prevalence in a particular...
LEGAL DESCRIPTION OF INFORMATION SECURITY THREATS: GENERAL AND METHODOLOGICAL ASPECTS
The article addresses the issues of information security. The author presents different approaches to the concept of «information security threats». The article gives the description of the legal nature of information se...
DEMOCRACY AND TOTALITARIANISM. COMPROMISE IN HONOR TO DEMOCRACY. AN IDEAL POLITICAL SYSTEM OR «BETWEEN TWO EVILS, YOU SHOULD CHOOSE THE LESSER ONE?»
Today democracy and totalitarianism are two the most controversial political doctrines, that have been developing by couple of historic scientists around the world. Someone of them says, that these systems are totally di...
WILL OF THE PARTIES TO CONSOLIDATE LABOR RELATIONS IN THE EMPLOYMENT CONTRACT
The article describes and analyzes the characteristics and trends of employment contract as the main institution of labor law that can provide optimal consideration the will of the parties to the new socio-economic condi...