Infliction of harm in case of detaining a person who committed a crime: the algorithm of qualification

Apart from the qualification of crimes, other criminal acts, to which acts committed under the circumstances that exclude their criminal nature apply, are subject to legal appraisal. The paper deals with the concept of qualification of lawful infliction of harm while detaining a person who committed a crime. In particular, a labelling process under the circumstances of causing harm in the process of detaining the person who committed the crime means the establishment of a correspondence between specific features of performed acts and specific features of the act structure (lawful harm) committed in case of infliction of harm in the process of detaining of a person who committed a crime. The article suggests the algorithm of qualification of lawful infliction of harm when detaining a person who committed a crime. Under the algorithm of the qualification of harm in the process of detaining a person who committed a crime, the authors offer to understand a sequence of actions on the establishment of a correspondence between the characteristics of an actual criminal act and the characteristics of a relevant structure of lawful harm. When establishing this correspondence, law enforcement officials often make mistakes. The most common of them are listed in the article.