Injured party when left in danger: some issues of theory and practice

The article examines the signs of the injured party when left in danger, as indicated by the legislator in the disposition of Art. 125 of the Criminal Code. Differences in the understanding of these characteristics in theory and in judicial practice are revealed. It is established that the victim at the time of leaving in danger should be characterized by two signs simultaneously: 1) he/she must be in a life-threatening or health-threatening state; 2) he/she must be helpless. The first sign means that the victim must be alive at the time the crime is committed. In addition, there is or will inevitably arise a real threat of causing death or any harm to health. At the same time, the perpetrator must be aware of the gravity of the danger for the victim. The second sign of the injured party means that he/she must be helpless, that is, unable to take measures for self-preservation, to save himself/herself with his/her own forces. Among the reasons for this situation, the legislator refers to the young, old age, illness and helplessness of the victim. It is concluded that the distinction between these states of the victim and his/her helplessness complicates the application of the rule in question, leading to errors in qualification. It is suggested to indicate in the disposition of Art. 125 of the Criminal Code only on the patrimonial sign - the helplessness of the victim, not identifying the kinds. A victim must be recognized helpless only in a dangerous state in a particular situation, when he/her cannot independently ensure the safety of his/her life or health.