EXEMPTION FROM CRIMINAL LIABILITY CORRUPTION CRIMES SUBJECTS: CRIMINAL LAW AND CRIMINAL PROCEDURAL CHARACTERISTICS
Journal Title: Юридичний науковий електронний журнал - Year 2016, Vol 4, Issue
Abstract
Exemption from criminal liability of subjects of corruption crimes is addressed in article using a cognitive tool «characteristic of the phenomenon». Criminally-legal characteristic of liberation – is a system of its essential features (elements). The main elements of the criminal law characteristics of exemption from criminal responsibility are: its criminally-legal nature; the composition of the present release, which includes its premise (the need to respond to a criminal offense), base (inappropriateness of application of criminal liability) and conditions (statutory conditions of a formal nature, the presence of which may release). Criminally-legal characteristic of liberation revealed that in fact what is officially considered the exemption from criminal liability, there is the rejection of its application. Except it, the article notes that in addition to the «liberation» under part 5, Art. 354 of the Criminal Code of Ukraine there is one more of his case: in connection with the expiration of the statute of limitations. This kind of «liberation» applies to all without exception, subjects of corruption crimes. In the structure of criminal and procedural characteristics of «liberation» from criminal responsibility drawing attention to its criminal-procedural nature of the procedure and subjects, as well as their powers.
Authors and Affiliations
В. М. Куц, В. В. Куц
Keywords
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