Zatolochnyi V. Criminal liability for apprehension, detention, house arrest and remand known to be illegal

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0422U100164

Applicant for

Specialization

  • 12.00.08 - Кримінальне право та кримінологія; кримінально-виконавче право

11-10-2022

Specialized Academic Board

Д 35.052.23

Lviv Polytechnic National University

Essay

In the dissertation, based on the study of scientific literature, legislative and other normative legal acts and court practice, a systematic analysis of the issue of criminal liability for known illegal detention, pretext, house arrest, and detention is carried out. As a result of the work carried out, it was established that the generic object of the criminal offense provided for in Art. 371 of the Criminal Code of Ukraine, is justice, and the main direct object is the activity of the court and law enforcement agencies regulated by the legislation in order to realize the goal and tasks of justice (in its broadest sense) regarding the provision of legal detention, summons, house arrest and detention, and an additional mandatory object is the life and health of a person, his freedom and personal integrity, as well as property and other rights and legal interests. The objective side of the composition of the criminal offense provided for in Part 1 of Art. 371 of the Criminal Code of Ukraine, manifests itself in illegal detention and pretext, and Part 2 of Art. 371 of the Criminal Code of Ukraine - in illegal house arrest and detention.

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