TIME OF COMMITING A CRIMINAL OFFENSE AS PART OF THE EVENT A CRIMINAL OFFENSE
Journal Title: Правовий часопис Донбасу - Year 2016, Vol 56, Issue 2
Abstract
The article discussed topical issues of setting the time as part of the event of a criminal offense provided for in paragraph 1 of Part 1 of Article 91 of the CPC (Criminal Procedure Code) Ukraine. Research various meaning of «time» as defined in the criminal procedural law and criminology. In criminal law, the time of the criminal offense is a period during which perpetrated socially dangerous act and the consequences are coming. In the criminal procedural law, the term "time" is used in different ways: – as countries worldwide adopted by the countdown length of time zones when necessary to carry out specific procedural or investigative (detective) action; – a separate amount of time required for implementation of the party to the criminal proceedings their rights and obligations during the proceedings clearly defined; – a fact to be proved in criminal proceedings. In criminalistics distinguished: moment of time (reflecting the beginning and end of the interaction or other fixed point); interval (describing an event in terms of its duration, the length between two time points); temporary relationship involving the presence of at least two events or phenomena associated with each other. So, time the criminal offense – is an element of the offense of criminal event, which involves consideration of the definition of a significant number of issues, including: the features of a criminal offense; it belongs to the complex, ongoing, prolonged; the stage commit, the presence or absence of accomplices in its commission and a number of other factors. For different criminal offenses, time of commit can be set with different degrees of accuracy, depending on which they structure – material or formal. The value of setting the time of the criminal offense is fact that it is such element of the event, which depends on the depth of a criminal offense and verify the versions and their consequences, the correct definition of complex legal proceedings and order of their conduct, as the result – objective decision taken at different stages of criminal proceedings.
Authors and Affiliations
Irina Nagolova
Keywords
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