Threats or violent actions in connection with the administration of justice or the conduct of preliminary investigations: some legislative issues regarding the composition of the offense

Автор: Gamayunov S.S.

Журнал: Теория и практика общественного развития @teoria-practica

Рубрика: Право

Статья в выпуске: 10, 2024 года.

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The article examines the complex aspects of legislative provisions related to the definition of the content of the composition of threats or violent actions in connection with the administration of justice or the conduct of preliminary investigations. The author provides a critical assessment of the concept of corpus delicti stipulated in Article 296 of the Criminal Code of the Russian Federation (CC RF). Attention is drawn to the varying approaches taken by the legislator in the formulation of the concept of violence in Articles 296 and 318 of the Criminal Code of the Russian Federation. To unify the legislative technique concerning the definition of the nature of violence, the author proposes substituting the term “harm to health” in part 1 of Article 296 of the Criminal Code of the Russian Federation with the term “violence”. This change is deemed more optimal from the point of view of the correlation of this corpus delicti and other criminal encroachments, as well as the developed approaches within the science of criminal law. Furthermore, several adjustments to the list of victims specified in Parts 2 to 4 of Article 296 of the Criminal Code of the Russian Federation are suggested to enhance clarity and coherence in the legal framework. Through this examination, the article aims to contribute to the ongoing discourse on the improvement of legislative articulation within the context of criminal justice.

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Violence, threats, justice, preliminary investigation, execution of judicial acts, beatings, minor harm to health, moderate harm to health

Короткий адрес: https://sciup.org/149146590

IDR: 149146590   |   DOI: 10.24158/tipor.2024.10.23

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