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Класифікація наслідків злочину: криміналістичний аспект
- Source :
- Юридичний вісник. :278-287
- Publication Year :
- 2021
- Publisher :
- National University - Odessa Law Academy, 2021.
-
Abstract
- The article conducts a theoretical-applied study of the consequences of the crime in the context of their division by different criteries. Thus, on the basis of studying the theoretical provisions of the sciences of the criminal cycle, as well as the study of materials of practice developed a classification of the consequences of the crime. Depending on the importance they carry for the investigation: basic and additional. The main consequence is a crime that is directly defined by Criminal Code of Ukraine. Additional consequences are those changes in the material environment and ideal reflections that perform an indicative function to determine the main consequence of the crime. Depending on the intent of the offender to the time of the crime are divided into: primary (planned) and secondary (unplanned). Primary (planned) It is also necessary to distinguish, depending on the source of origin, to those that: arose through the activities of the subject of crime (murder, etc.); caused by the influence of wildlife sources (for example, a corpse left in the forest can be moved by wild animals); caused by the influence of inanimate sources (movement of a body or object may occur depending on the crime scene, for example, on a river, at sea, etc.). Depending on the ability of a person to perceive the consequences of a crime, they are divided into: visible and invisible. Thus, the visible consequences are the consequences of general crime (murder, theft, rape, etc.). The invisible consequences of crimes are more closely characteristic of crimes that are described in criminal law theory as formal crimes. That is, the material outcome of the crime is not mandatory. In this context, economic and cybercrime will be the most visible.
Details
- ISSN :
- 15614999
- Database :
- OpenAIRE
- Journal :
- Юридичний вісник
- Accession number :
- edsair.doi...........52733d7dabc0a6698691cb0615b568da
- Full Text :
- https://doi.org/10.32837/yuv.v0i6.2057