The situation of bringing to justice of a deliberately innocent person

K.Yu. Skrypnyk
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Abstract

The aim of the work is the research such a feature of the objective side as the situation of a criminal offense provided for in Article 372 of the Criminal Code of Ukraine. The topicality is due to the lack of scientific development of the situation of bringing to justice of a deliberately innocent person, which leads to its neglect in practical activities when establishing the objective side of the crime. The methodological basis of the study is the complex of such methods as empirical, general logical and special legal methods, since the research of the problem of the situation requires the use of a wide toolkit of methodology. For example, empirical methods were used to study the practical implementation of normative prescriptions in judicial practice. The comparative legal method was necessary for a qualitative comparison of adjacent and competing criminal offenses in order to distinguish them. In addition, the terminological approach was applied to clarify the definition of the situation, which was not only contained in the science of criminal law for its unambiguous understanding. The article consistently examines the general concept of the circumstances of the commission of a crime in various aspects, first of all, in criminal law and criminalistics, as well as the need to establish the situation during the investigation of all criminal offenses, regardless of its fixation in the disposition of an article of the Special Part of the Criminal Code of Ukraine. It was analyzed the circumstances of the commission of the crime provided for in Article 372 of the Criminal Code of Ukraine, which is not enshrined in the specified article, but directly follows from its content and is the obligatory feature of the objective side, because the commission of this crime outside the pre-trial investigation excludes qualification by this article of the Criminal Code. The practical significance of the research lies in the theoretical provision of pre-trial investigation and trial with the aim of properly establishing all the circumstances relevant to the case and the correct qualification of a person’s actions under Article 372 of the Criminal Code of Ukraine. According to the results of the conducted research, the definition of the situation of bringing to justice of a deliberately innocent person is singled out. It was determined that the commission of this crime is possible only during and under the conditions of a pre-trial investigation, which would simultaneously be the stage of criminal proceedings, the period of time of its conduct, and the procedural activity of authorized persons.
将故意无辜者绳之以法的情况
工作的目的是研究《乌克兰刑法典》第 372 条规定的刑事犯罪客观方面的特征。之所以具有现实意义,是因为在将故意无辜者绳之以法方面缺乏科学发展,导致在确定犯罪客观方面的实际活动中忽视了这一点。研究的方法论基础是实证方法、一般逻辑方法和特殊法律方法等方法的综合运用,因为研究这种情况的问题需要使用广泛的方法工具包。例如,实证方法用于研究规范性规定在司法实践中的实际执行情况。为了对相邻和相竞的刑事犯罪进行定性比较,有必要使用比较法律方法对其进行区分。此外,还采用了术语学方法来明确情况的定义,这不仅包含在刑法科学中,而且对其有明确的理解。文章从多方面对犯罪情节的一般概念进行了研究,首先是刑法和犯罪学方面,以及在调查所有刑事犯罪过程中确定犯罪情节的必要性,无论乌克兰《刑法典》特别部分的条款是否对其进行了规定。对《乌克兰刑法典》第 372 条规定的犯罪情节进行了分析,该条未在具体条款中规定,但直接从其内容中得出,是客观方面的强制性特征,因为在审前调查之外实施该犯罪排除了《刑法典》该条的定性。研究的实际意义在于对审前调查和审判做出理论规定,目的是适当确定与案件有关的所有情况,并根据《乌克兰刑法典》第 372 条对个人行为做出正确定性。根据研究结果,将故意无辜者绳之以法的情况的定义被单独列出。虷迮 郈郋郈郋郇 郱訄訇迮郱郈迮迮郇郇 赲迡郈郋赲迡郇郋 迡迮迠訄赲郇郋 迡迮迠訄赲郇郋 迡迮迠訄赲郇郋 迡郋郕邾迮郇訄郇郇 郱訄郕郋郇郋郈郋迮郕赲.
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