Podkorytova L. Aapprehending the persons that have committed crimes as the circumstance excluding criminality of act

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0499U001988

Applicant for

Specialization

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

26-06-1999

Specialized Academic Board

К 64.700.03

Essay

The thesis considers the concept of the circumstances that exclude the criminality of an act, their social and legal characteristics, analyses the legal essence of the acts leading to apprehending of a criminal, these acts are viewed as independent type of circumstances which exclude the criminality of an act; the thesis investigates the foundation and the specific characteristics of the criminal law norm concerning the culprit's arrest. It also analyses the relation between the culprit's arrest and the extreme necessity, the necessary defense; the research of the conditions of lawfulness of causing damage to the culprit during his arrest, of the concept and types of exceeding of the boundaries of such damage, classification of such cases is made; the author formulates corresponding suggestions as to the improvement of the legal basis and judicial opinion in Ukraine. Key words: criminal law, rightful behaviour, criminal responsibility, danger for society, necessary defense, acute need, damage causing, damage equivalent measures.

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