Criminal legal characteristic of substantiated risk in the aspect of establishing its properties (signs)

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Introduction: the article discusses the debatable issue of the criminal law characterization of reasonable risk in the aspect of establishing its properties (features) that have criminal law significance for recognizing the act as a circumstance that excludes the crime or mitigates criminal liability. Materials and methods: the criminal law of the Russian Federation forms the normative basis of the study. The author applied some modern general scientific methods of cognition of social processes and phenomena and made the analysis of scientific points of view on the issue. Results of the study: the result of the study was that the author, taking into account modern social practice, brings his own scientific point of view on the properties (signs) of justified risk. Conclusions and results: the results can serve as a scientific justification for the formulation of the concept of reasonable risk in the criminal law. It can also apply the rule on reasonable risk as a circumstance that excludes the crime of an act more clearly and efficiently.

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Act, risk, criminal liability, evidence of justified risk, circumstance excluding the crime of the act

Короткий адрес: https://sciup.org/143169659

IDR: 143169659   |   DOI: 10.24411/2312-3184-2019-00027

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