Victim as a sign of corpus delicti
Journal Title: Юридические науки и образование - Year 2017, Vol 51, Issue 51
Abstract
It is considered the criminal and legal conception of the victim and his place in the system of signs of corpus delict, and is analyzed his ratio with a conception of the victim in the legislation of the criminal procedure and criminology. In spite of the fact that the criminal and legal concept of the victim is the main and defining it at the same time belongs to the least developed in the theoretical relation. Legislative definition of the victim contains in the legislation of criminal procedure. According to the author, differentiation of criminal and legal and criminal procedure understanding of the victim should be made at least on the following main signs: 1) the circle of the victims in criminal and legal sense much more widely also includes not only natural and legal entities, but also the state, society, the personality, the international community, bodies and the organizations which are not legal entities; 2) can do to the victims in criminal and legal sense not only direct harm or damage, but also other (for example, in the form of the missed benefit or non receipt due); 3) not only physical, material or moral harm can be caused to the victim in criminal and legal sense, but also other rights, freedoms and legitimate interests are violated. At any socially dangerous act there are always two parties: criminal and victim. Ideally it would be necessary to allocate the structure which was injured in an independent element, as well as the subject of a crime. However, as neither the science, nor the theory, nor practice of criminal law are still ready to such radical decision, we believe necessary to place the victim as an independent sign in a crime object as carrier and the participant of the public relations.
Authors and Affiliations
Romella Gulaliyeva
Keywords
Related Articles
- EP ID EP184075
- DOI 10.25108/2304-1730-1749.iolr.2017.51.107-129
- Views 74
- Downloads 0
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