- •Lecture 6. General positions of criminal law of ukraine (bases of criminal law of ukraine) plan
- •A concept of criminal law of Ukraine. The Criminal code of Ukraine.
- •A notion, types and attributes of a crime.
- •Composition of a crime.
- •4. Stages of commission of a crime.
- •5. Criminal complicity.
- •The circumstances, which exlude criminality of the act and criminal responsibility.
- •7. Attributes and grounds of criminal responsibility.
- •8. A notion, aims and types of the criminal penalties.
- •9. The circumstances, which mitigate criminal punishment:
- •10. The circumstances, which aggravate criminal punishment:
- •11. The special features of criminal responsibility for minors.
- •12. Amnesty and legislative pardon (legislative clemency).
5. Criminal complicity.
Criminal complicity is the intentional common participating of a few subjects of the crime in the commission of the intentional crime.
There are such forms of criminal complicity: simple and complicated.
Simple form of criminal complicity is when there is no plot before the commission of the crime, when all joint offenders carry out identical roles.
Complicated form of criminal complicity is characterized by the previous agreement of joint offenders, when they create the criminal group or organization with distribution of the roles and the duties.
The Criminal code of Ukraine determines such joint offenders:
- an executor is a person, who committed a crime;
- an organizer is a person, who organized commission of the crime (crimes) or managed it preparation or commission;
- an instigator is a person, who by persuasion, bribery, by threat, compulsion or by another methods predisposed other participants to commit the crime;
- an abettor is a person, who abetted other joint offenders to commit the crime by advices, instractions of instruments or removal of obstacles, and also a person, who promised to hide a criminal, instruments of a crime etc.
The circumstances, which exlude criminality of the act and criminal responsibility.
In accordance with the Criminal code of Ukraine there are acts, which contain the attributes of the crimes, but they are not crimes. They are: necessary defence, imaginary defensive, detention of the criminal, absolute necessity, physical or psychical compulsion, implementation of the order.
Necessary defence is the act of a person with the aim to defence the rights and interests of this person or other people and also public interests and interests of the state from publicly dangerous attempt, when this person inflicts harm to the offender, when this harm is necessary in this situation to stop the attempt, if there was no exceeding of the limits of necessary defence. In this situation the person wants to stop the other person or people, who want to inflict harm.
Every person has the right on necessary defence, but without exceeding of the limits of necessary defence. The exceeding of the limits of necessary defence is the intentional infliction of heavy harm, which does not correspond to the danger of attempt or situation of defence.
Imaginary defence is the dangerous action of a person, when there was no real public danger in the conduct of other person or people, but the person estimated the actions of the offender wrongly, and saw the presence of the attempt by mistake.
There is no criminal responsibility for the person, when the person could not realize the mistake in the conduct of the offender. If the person could realize that there was no real threat, the person is the subject of criminal responsibility. If the person exceeded the limits of defence, this person is the subject of criminal responsibility too.
The actions of the person or the people for the detention of the person, who committed the crime, or to hand the offender to the bodies of state power are not the crimes if there was no exceeding of the limits in their actions, which were necessary for detention of the offender.
Absolute necessity is the act of a person with the aim to defence the rights and interests of this person or other people and also public interests and interests of the state from the publicly dangerous attempt, when this person inflicts harm, which is necessary in this situation to stop the attempt, if there was no exceeding of the limits of absolute necessity. In this situation the person inflicts harm to the rights of the people, their property and also to the public interests or interests of the state.
An absolute necessity is not a crime. But exceeding of the limits of absolute necessity is a crime.
An action or inactivity of the person, that caused harm to the law-enforcement interests, is not a crime, if this action or inactivity was committed under direct influence of physical compulsion, as a result of that the person could not manage the acts.
Action or inactivity of a person that caused harm to the law-enforcement interests, if it was with the aim of implementation of the order are legitimate, and the order is legal, if it was given in the proper order and within the limits of plenary powers of the corresponding person. Such orders must not conflict with legislation and must not violate constitutional rights and freedoms of the person and the citizen.
A person, who was insane in time of the crime is not responsible for the crime. The person is insane, when this person in time of crime could not realize the actions (inactivity) or manage such actions (inactivity) as a result of chronic psychical disease, temporal disorder of psychical activity, imbecility or other sickly state of psyche. In accordance of the decision of the court the forced measures of medical character can be applied to this person.