The circumstances excluding criminality of action

As it often happens Life, circumstances arise that force law-abiding members of society to commit acts that contain all the signs of a crime and cause harmful consequences as a result of their commission. But neither the acts, nor the damage caused by them, are socially dangerous, as they are committed for the benefit of society and in accordance with certain requirements excluding criminality of the action. It is necessary to take into account that the concept of social danger and social utility are estimated and do not have an unambiguous objective criterion. Therefore, action that have these characteristics need regulatory certainty. The conditions and conditions envisaged by the criminal law, as a result of which actions that contain formal signs of a crime, lose their social danger, are called circumstances precluding the crime of the action. In the current criminal legislation, the list of normatively fixed circumstances that exclude criminality of the act is significantly expanded. Chapter 8 of the Criminal Code of the People's Republic of Germany provides for the following circumstances, excluding the criminality of the act:

1) necessity of defense (Article 37 of the Criminal Code of the People's Republic of China);                                                                                 

2) causing harm when detaining the person who committed the crime (Article 38 of the Criminal Code of the People's Republic of China);                                     

3) extreme necessity (Article 39 of the Criminal Code of the People's Republic of China);                                                                                           

4) physical and mental coercion (Article 40 of the Criminal Code of the People's Republic of China);                                                                                 

5) reasonable risk (Article 41 of the Criminal Code of the People's Republic of China);                                                                                                              

6) execution of the order or order (Article 42 of the Criminal Code of the People's Republic of China)                                                                             

The general concept of circumstances that exclude the criminality of an action is of great importance. It allows you to accurately determine the legal nature of each particular circumstance, provide an adequate interpretation of it, ensures a unified stable application of the criminal law, identify its gaps and contribute to their elimination, and also clarify the most significant legal features of each particular circumstance, which facilitates study of the material and acquisition of skills for subsequent application criminal law in practice.

 

Language adviser: N.A. Karpova

Scientific adviser: E.S. Kozachek

 

Kristina Piulziu

Donbass Law Academy

Specific of Involvement of the Minors in Criminal Liability

At present, the overwhelming number of crimes is committed by young people. Each state contains special different rules for bringing minors to criminal responsibility. Therefore, their comparison, and the identification of the most effective is a rather promising direction of reforming the system of bringing minors to criminal liability.

The Criminal Code of the NDP sets the general age of criminal responsibility at 16 years, and the special age - from 14 years. In England, a person can be prosecuted in 10 years. For some time Russian lawyers have been discussing the issue of reducing the age of criminal responsibility, due to the fact that more and more crimes are committed by persons who did not reach it.

In all countries, imprisonment is served by minors in specialized educational colonies, in order to prevent their communication with adult convicts, which may contribute to the criminalization of minors. In Poland, based on an analysis of the circumstances of the crime and analysis of the development of the offender, the characteristics of his personality, instead of punishment, measures of upbringing, treatment or correction may be applied. The application of measures of educational influence in relation to minors is the most promising way of development.

The system of criminal responsibility of minors, both in the DPR and in the overwhelming number of states, cannot be called perfect. It requires constant improvement. It is useful to adopt the experience of foreign countries in the variety of educational measures, specialized sanctions and other methods for the actual correction and education of juvenile offenders.

 

Language adviser: N. A. Karpova

Scientific adviser: E.S. Kozachek

 

Rinat Arturovich Ralko

Donbass Law Academy