Self-defense: algorithm of qualification

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This paper proposes a sequence of actions to address key questions to establish the correspondence between characteristics of an offense and characteristics of a composition of acts for the necessary defense. In addition to qualifying crimes other criminal and legal acts to which, for example, belong acts committed under circumstances that exclude them from criminality, are also subject to criminal-legal evaluation. In this paper, the concept of qualification of lawful harm as necessary is considered. Qualification of an offence in circumstances of self-defense means the establishment of conformity between signs of perfect action and signs of the act (lawful harm), committed in self-defense. Only the presence of all elements of lawful infliction of harm excludes the crime committed from penal acts. When establishing conformity between signs of perfect act and evidence of a lawful infliction of harm in self-defense, the law enforcers often make mistakes. In order to minimize errors in enforcement activities when qualifying the acts committed under circumstances excluding criminality of act, the article proposes the algorithm of qualification of lawful infliction of harm in self-defense. Under the algorithm of training of self-defense in the work it is proposed to understand the sequence of actions to establish the correspondence between the signs in fact of an offense and elements of an act committed in necessary defense.

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Qualification of the criminal law acts, lawful infliction of harm in self- defense

Короткий адрес: https://sciup.org/147150103

IDR: 147150103   |   DOI: 10.14529/law160403

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