Some problematic aspects of circumstances precluding the criminality of the act in relation to the activities of law enforcement officers

Автор: Bikkinin I.A., Poezzhalov V.B.

Журнал: Вестник Алтайской академии экономики и права @vestnik-aael

Рубрика: Юридические науки

Статья в выпуске: 10-2, 2019 года.

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Criminal law is crucial in the fight against crime, as it serves to solve the tasks of protecting the interests of law enforcement from criminal encroachments. Along with prohibitive, the criminal law includes also the authorizing norms granting to citizens, under certain conditions, the right to harm to the interests protected by law. These norms are combined into circumstances excluding the criminality of the act, which should be understood as circumstances, the presence of which turns outwardly similar to the crimes of the act in the legitimate, and some-even in the socially useful. In the framework of this article, we draw attention to the problematic aspects of the application to the above-mentioned norms of criminal law in connection with the activities of law enforcement officers, since it is their duty to counteract and suppress crimes. Thus, there is a misconception among law enforcement officers, based on the long-term experience of the Soviet police, according to which when detaining a person who has committed a crime, they should be guided solely by the provisions of departmental laws as acts of direct action, without taking into account the norms of the Criminal code...

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Circumstances precluding the criminality of the act, law enforcement officers, anti-terrorist measures

Короткий адрес: https://sciup.org/142222627

IDR: 142222627   |   DOI: 10.17513/vaael.779

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