Execution of instructions or orders as the circumstances excluding criminality of an action: algorithm of qualification

The paper proposes a sequence of actions to address key issues to establish the correspondence between the signs of a committed offense and the characteristics of the corpus of the act when executing orders or instructions. In addition to qualification of crimes, criminal-legal acts are also subject to criminal-legal assessment, for example, acts committed in circumstances excluding their criminality. In this paper, the concept of the qualification of lawful infliction of harm in the execution of an order or instruction is considered. Qualification of an offence in the circumstances of execution of an order or instruction means the establishment of a correspondence between the signs of the committed action and the signs of the corpus of the act (the lawful infliction of harm) committed in execution of an order or instruction. The establishment of all signs of the corpus of lawful harm in execution of an order or instruction in the committed action is the basis for recognizing the act as lawful. When establishing the correspondence between the signs of the committed act and the signs of the corpus of a lawful infliction of harm in the circumstances of the execution of an order or instruction by a law enforcement agent, mistakes are often made. In order to minimize the mistakes in law enforcement activities when qualifying the acts committed in the circumstances that exclude the criminality of the act, the article proposes an algorithm for qualifying the lawful infliction of harm when executing an order or instruction. Under the algorithm of qualifying the corpus of the execution of an order or instruction, the sequence of actions to establish the correspondence between the signs of the actual act committed and the signs of the composition of the act committed while executing the order or instruction (the composition of the lawful infliction of harm in execution of an order or instruction) is understood.