Causing harm in a state of emergency: algorithm qualification
Автор: Garbatovich D.A.
Журнал: Вестник Южно-Уральского государственного университета. Серия: Право @vestnik-susu-law
Рубрика: Проблемы и вопросы уголовного права, уголовного процесса и криминалистики
Статья в выпуске: 3 т.16, 2016 года.
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In addition to the qualification of crimes, criminal-legal evaluation are also subject to other criminal and right acts to which, for example, applies to acts committed under circumstances that exclude them from crime. In the present paper, the concept of qualification of lawful infliction of harm in extreme necessity. The characterization of an act under circumstances of extreme necessity, means the establishment of conformity between signs of perfect action and signs of structure of the act (lawful harm), committed in a state of emergency. Only the presence of all signs of structure the lawful infliction of harm excludes the crime committed penal acts. Establishing a correspondence between the signs of the committed acts and the signs of structure the lawful infliction of harm in extreme necessity, authority often make mistakes. In order to minimize errors in enforcement activities when qualifying the acts committed in the circumstances precluding criminality, the article proposes the algorithm of qualification of lawful infliction of harm in extreme necessity. Under the algorithm of the qualification of absolute necessity in the work is proposed to understand the sequence of action on the establishment of correspondences between the signs in fact the offense and evidence of acts committed in a state of emergency.
Qualification of criminal acts, and the lawful infliction of harm in extreme necessity
Короткий адрес: https://sciup.org/147150089
IDR: 147150089 | DOI: 10.14529/law160309