CRIMINAL SPECIFICATION OF MAN`S DEATH THAT OCCURS AS A RESULT OF THE ACT OF TERROR: PROBLEM ISSUES
Journal: International Scientific Journal "Internauka" (Vol.3, No. 49)Publication Date: 2018-05-15
Authors : Samoilov Vadym;
Page : 67-72
Keywords : man`s death; act of terrorism; legal construction;
Abstract
The article contains the analysis of legal construction “man`s death” in art.258, para.3 of the Criminal Code of Ukraine. The analysis is focused on legislative technique. Also there is an attempt to answer the question if the mentioned construction includes real consequences. Besides research is aimed to suggest different answers which depend on the form of mens rea. There are three ways of solution of the criminal situation where person commits act of terrorism which becomes a reason of man's death (NB: person's attitude to the man's death is willful). Investigation suggests specification (qualification) rules of criminal situation that combines premeditated murder and act of terrorism. Positions of the plenary of the Supreme Court of Ukraine are taken into account.
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Last modified: 2018-08-07 22:56:48