Issues of forensic characterization of information terrorism
Автор: Manukian Aline Romanovna, Gutieva Irina Genrihovna
Журнал: Теория и практика общественного развития @teoria-practica
Рубрика: Юридические науки
Статья в выпуске: 16, 2014 года.
Бесплатный доступ
The Criminal Code of the Russian Federation does not provide a general formulation of the threat, while some legal norms on the prohibition of violation of personal psychological security determine the features and the meaning of the threat differently. In accordance with the established tradition of development of the criminal legal norms, the concept of threatening is used by the legislator either meaning a way to commit an unlawful assault, or meaning an independent act; the threat is regarded either as a consequence of a crime, or as a means of duress, being a circumstance excluding the criminality of the deed, mitigating the punishment, or, contrariwise, aggravating it. At the same time, the reality of the threat perception by a person being threatened is defined by the legislator only in a few articles of the Criminal Code of the Russian Federation, without any reasonable justification of such a random approach to the decision of the question of its punishability. In addition, the term of threat is used in the formalization of the danger defining the ending moment of the criminal act by the occurrence of an injurious action, also without going into detail of objective and subjective features.
Criminal legal norms, threat, independent act, extremism, criminalization, way of committing a security trespass
Короткий адрес: https://sciup.org/14936102
IDR: 14936102