Non-criminal acts in accordance with the Military Code of Peter I
Автор: Garbatovich D.A., Klassen A.N.
Журнал: Вестник Южно-Уральского государственного университета. Серия: Право @vestnik-susu-law
Рубрика: Проблемы и вопросы уголовного права, уголовного процесса и криминалистики
Статья в выпуске: 4 т.17, 2017 года.
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Traditionally, it is considered that the criminal legislation, the science of criminal law develop around two cornerstones of "crime" and "punishment", the questions about the nature of the criminal act, its public danger and the type and extent of the criminal punishment appropriate to it are examined. Nevertheless, already the first sources of the legislation of Ancient Rus, the subsequent legal acts in the criminal law provided for "non-criminal acts", which also had a certain social significance, depending on the corresponding historical period. An uncritical act that causes harm can be socially useful, for example, causing death, harm to health while protecting life, property, dwelling in a state of necessary defense, or class-approved, socially neutral, for example, causing certain harm to the health of a servant by a representative of the ruling class. An uncritical act is envisaged either as a right, for example, necessary defense, or as an obligation, for example, execution of an order. The main consequence of the committed non-criminal act provided for by the criminal law norm is that it is not punishable, it is the basis for exemption from criminal liability, a circumstance that excludes its criminality. The following non-criminal criminal acts were considered in accordance with the Military Code of Peter the Great: 1) killing or causing harm to the health of the sentry (guard); 2) insulting an officer by a soldier in his disobedience; 3) a criminal offense that is not criminal because of the lack of intent to commit it (inadvertently, accidentally, innocently, without intent); 4) turnout with guilt as a circumstance mitigating punishment; 5) looting; 6) criminal acts committed in the so-called circumstances that exclude their criminality; 7) prohibited acts committed by minors, mentally retarded.
Criminal act, murder, causing of harm to health, deliberate destruction of another''s property
Короткий адрес: https://sciup.org/147150183
IDR: 147150183 | DOI: 10.14529/law170403