Minority of a deed provided for by the criminal law: praxis legis, guae debet esse
Objective: to develop scientifically substantiated provisions on the insignificance of a deed provided for by the criminal law and to propose measures to improve legislation and law enforcement in this area. Methods: dialectical approach to cognition of social phenomena, allowing to analyze them i...
Saved in:
| Main Author: | |
|---|---|
| Format: | Article |
| Language: | English |
| Published: |
Tatar Educational Center “Taglimat” Ltd.
2024-09-01
|
| Series: | Russian Journal of Economics and Law |
| Subjects: | |
| Online Access: | https://www.rusjel.ru/jour/article/view/2578 |
| Tags: |
Add Tag
No Tags, Be the first to tag this record!
|
| _version_ | 1846116970895769600 |
|---|---|
| author | V. V. Sverchkov |
| author_facet | V. V. Sverchkov |
| author_sort | V. V. Sverchkov |
| collection | DOAJ |
| description | Objective: to develop scientifically substantiated provisions on the insignificance of a deed provided for by the criminal law and to propose measures to improve legislation and law enforcement in this area. Methods: dialectical approach to cognition of social phenomena, allowing to analyze them in development and functioning, which contributed to the use of the following research methods: a) general scientific (logical, systemic, analysis and synthesis, induction and deduction), b) special (documentary, practical, comparative-legal, formal-legal). Results: the work substantiates the conclusion that the recognition by an inquirer, investigator, prosecutor, judge of the insignificance of a deed provided for by the criminal law should be based on the following information: about the occurrence of all elements and signs of corpus delicti in the deed; about the infliction of small (minor) harm to law-protected interests in conjunction with the intent of the perpetrator aimed at causing such, including the lack of desire to cause harm, which excludes the existence of a reasonable amount of criminal-law harm. It is proposed to supplement Part 1 of Article 24 of the Russian Criminal Procedure Code with a new ground for refusal to initiate criminal proceedings (termination of criminal proceedings), namely, the insignificance of the deed, and to consider it as a circumstance excluding criminal prosecution of a suspect (accused). Scientific novelty: the following means to distinguish a minor act from a crime were substantiated: a) the introduction of the “reasonable amount of criminal-legal harm” category in the investigative and judicial practice, b) the need for law enforcement to establish objective and subjective conditions of minor significance of the deed, c) the proposal on modernizing the criminal-procedural legislation. Practical significance: the main provisions and conclusions stated in the article can be used in scientific, pedagogical, law-making, investigative and judicial activity when considering the issues of application and improvement of the norm on the insignificance of a deed provided for by the criminal law, on the delimitation of such deed from a crime. |
| format | Article |
| id | doaj-art-3a45a6894dec45a7bc8cf4ab6eb1cc23 |
| institution | Kabale University |
| issn | 2782-2923 |
| language | English |
| publishDate | 2024-09-01 |
| publisher | Tatar Educational Center “Taglimat” Ltd. |
| record_format | Article |
| series | Russian Journal of Economics and Law |
| spelling | doaj-art-3a45a6894dec45a7bc8cf4ab6eb1cc232024-12-18T11:47:07ZengTatar Educational Center “Taglimat” Ltd.Russian Journal of Economics and Law2782-29232024-09-0118375976910.21202/2782-2923.2024.3.759-7692317Minority of a deed provided for by the criminal law: praxis legis, guae debet esseV. V. Sverchkov0Nizhny Novgorod Academy of the Ministry of Internal Affairs of RussiaObjective: to develop scientifically substantiated provisions on the insignificance of a deed provided for by the criminal law and to propose measures to improve legislation and law enforcement in this area. Methods: dialectical approach to cognition of social phenomena, allowing to analyze them in development and functioning, which contributed to the use of the following research methods: a) general scientific (logical, systemic, analysis and synthesis, induction and deduction), b) special (documentary, practical, comparative-legal, formal-legal). Results: the work substantiates the conclusion that the recognition by an inquirer, investigator, prosecutor, judge of the insignificance of a deed provided for by the criminal law should be based on the following information: about the occurrence of all elements and signs of corpus delicti in the deed; about the infliction of small (minor) harm to law-protected interests in conjunction with the intent of the perpetrator aimed at causing such, including the lack of desire to cause harm, which excludes the existence of a reasonable amount of criminal-law harm. It is proposed to supplement Part 1 of Article 24 of the Russian Criminal Procedure Code with a new ground for refusal to initiate criminal proceedings (termination of criminal proceedings), namely, the insignificance of the deed, and to consider it as a circumstance excluding criminal prosecution of a suspect (accused). Scientific novelty: the following means to distinguish a minor act from a crime were substantiated: a) the introduction of the “reasonable amount of criminal-legal harm” category in the investigative and judicial practice, b) the need for law enforcement to establish objective and subjective conditions of minor significance of the deed, c) the proposal on modernizing the criminal-procedural legislation. Practical significance: the main provisions and conclusions stated in the article can be used in scientific, pedagogical, law-making, investigative and judicial activity when considering the issues of application and improvement of the norm on the insignificance of a deed provided for by the criminal law, on the delimitation of such deed from a crime.https://www.rusjel.ru/jour/article/view/2578criminal lawinsignificant deedminor harminsignificant damageobjective conditionsubjective conditionabsence of corpus delictireasonable amount of criminal-law damage |
| spellingShingle | V. V. Sverchkov Minority of a deed provided for by the criminal law: praxis legis, guae debet esse Russian Journal of Economics and Law criminal law insignificant deed minor harm insignificant damage objective condition subjective condition absence of corpus delicti reasonable amount of criminal-law damage |
| title | Minority of a deed provided for by the criminal law: praxis legis, guae debet esse |
| title_full | Minority of a deed provided for by the criminal law: praxis legis, guae debet esse |
| title_fullStr | Minority of a deed provided for by the criminal law: praxis legis, guae debet esse |
| title_full_unstemmed | Minority of a deed provided for by the criminal law: praxis legis, guae debet esse |
| title_short | Minority of a deed provided for by the criminal law: praxis legis, guae debet esse |
| title_sort | minority of a deed provided for by the criminal law praxis legis guae debet esse |
| topic | criminal law insignificant deed minor harm insignificant damage objective condition subjective condition absence of corpus delicti reasonable amount of criminal-law damage |
| url | https://www.rusjel.ru/jour/article/view/2578 |
| work_keys_str_mv | AT vvsverchkov minorityofadeedprovidedforbythecriminallawpraxislegisguaedebetesse |