抢劫与其他犯罪的区别标准:比较分析

Ihor Kopotun, Yevheniia Murzo
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引用次数: 0

摘要

随着俄乌战争的开始,《乌克兰刑法》第432条越来越多地限定了一般犯罪性质的罪行,其中罪行的构成完全不同。本研究的目的是通过与其他犯罪的比较,全面分析抢劫犯罪的结构,并在研究对象方面形成统一的理解和定性做法。根据这项研究的既定目的,使用了一系列科学方法,即一般科学方法和特殊科学方法:统计研究方法- -分析和比较与抢劫有关的刑事犯罪的动态;辩证——在考察理论与实践矛盾的框架内,对抢劫的不正确定性进行探讨;比较法律-在分析其他科学家对抢劫本质的理解的立场的背景下;形式逻辑-当定义法律类别“抢劫”时。经确定,正确适用具体规定的必要性取决于以下情况,如从公开资料来源得知的抢劫案件数目增加,这些案件没有得到适当的登记,也没有得到执法人员的调查,这是由于缺乏处理在被占领领土登记的这种具体和复杂的刑事犯罪的经验;有必要将乌克兰法律规定的“抢劫”这类罪行与为牟利和满足个人需要而抢劫平民、他们的住所、车辆、商店和其他基础设施的案件区分开来。这项研究的实际意义在于,主要的陈述和结论可用于方法建议,以便根据《乌克兰刑法》第432条的规定,为调查与刑事非法行为有关的刑事犯罪制定一种算法。并且对于刑事司法主体在其活动中消除实践所揭示的对现行立法的误解和不同解释也很有价值;在改进旨在预防和打击这类犯罪的立法时,考虑作出相应的修正
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Criteria for distinguishing looting from other crimes: A comparative analysis
With the beginning of the Russian-Ukrainian war, increasingly often crimes of a general criminal nature are instead qualified by Article 432 of the Criminal Code of Ukraine, where the composition of crimes is entirely different. The purpose of this study was a comprehensive analysis of the structure of the criminal offence of looting by comparing it with other crimes, as well as formulating a unified practice of understanding and qualification in the aspect of the subject of the study. According to the set purpose of the study, a complex of scientific methods was used, namely, general scientific and special ones: the method of statistical research – to analyse and compare the dynamics of committing criminal offences related to looting; dialectical – within the framework of investigating the theory and practice of contradictions related to the incorrect qualification of looting; comparative legal – in the context of analysing the positions of other scientists regarding the understanding of the essence of looting; formal logical – when defining the legal category “looting”. It was established that the need for the correct application of the specified provision is conditioned upon such circumstances as the increase in the number of cases of looting that become known from open sources of information, which are not properly registered and not investigated by law enforcement officers, which is due to the lack of experience in working with criminal offences of such specificity and complexity of their registering in the occupied territories; the need to distinguish such crime as “looting” under Ukrainian legislation from cases of robbing civilians, their living quarters, vehicles, shops, and other infrastructure for profit and satisfying one’s personal needs. The practical significance of this study lies in the fact that the main statements and conclusions can be used in methodological recommendations for the development of an algorithm for the investigation of criminal offences related to criminally illegal actions, prescribed by Article 432 of the Criminal Code of Ukraine, and are also valuable for the subjects of criminal justice in their activities to eliminate misunderstandings and different interpretations of the current legislation revealed by practice; considered when improving the legislation aimed at the prevention and fight against this type of crime, by making corresponding amendments
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