Criminal liability for privileged bodily injuries: problems of legislative regulation and law enforcement

Автор: Matorina Olga S.

Журнал: Теория и практика общественного развития @teoria-practica

Рубрика: Право

Статья в выпуске: 6, 2023 года.

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The article examines the actual problems of legislative regulation and law enforcement of Articles 113, 114 of the Criminal Code of the Russian Federation. The issues of qualification of infliction of bodily injuries in a in the heat of passion and when exceeding the limits of limits of justifiable defense, which were committed simultaneously, are considered. The main distinguishing features of affect and justifiable defense are defined. The legal regulation and qualification of infliction of grave or moderate bodily injuries in the heat of passion, which resulted in the death of the complainant, is analyzed. Various views of legal scholars on these problems are given. Based on the conducted research, it is concluded that the reasons for qualification errors in the application of Articles 113, 114 of the Criminal Code of the Russian Federation, as a rule, are subjective in nature, since they are primarily due to an insufficiently high level of professional training of law enforcement officers.

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Affect, necessary defense, negligence, exceeding the limits of necessary defense, causing harm to health

Короткий адрес: https://sciup.org/149142645

IDR: 149142645   |   DOI: 10.24158/tipor.2023.6.34

Статья научная