
On the issue of criminal liability for negligent joint infliction of criminal - illegal consequences
Author(s) -
Maryna Yevhenivna Grigoryeva
Publication year - 2021
Publication title -
vìsnik asocìacìï krimìnalʹnogo prava ukraïni
Language(s) - English
Resource type - Journals
ISSN - 2311-9640
DOI - 10.21564/2311-9640.2021.16.244426
Subject(s) - criminal law , legislation , relevance (law) , criminal liability , law , liability , commission , political science , sanctions , criminology , psychology
The article is devoted to the consideration of problematic issues related to criminal liability for negligent joint infliction of criminal consequences. Issues related to the negligent joint infliction of criminal consequences do not lose their relevance at the current stage of development of Ukrainian criminal law. The article defines the concept of negligent joint infliction of criminal consequences and provides a thorough description of its mandatory features. It is separately stated that correctly determining the basis of criminal liability of persons who jointly caused negligent damage, qualifying their actions and establishing rules for sentencing them is an important task for law enforcement and therefore it requires detailed justification and elaboration of general theoretical issues. legal consequences and the development of features of such a definition. It is proved that negligent joint infliction of criminally illegal consequences is the commission by two or more subjects of a certain criminal offense, illegal, objectively interconnected and mutually conditioned act, which is part of the objective side of a criminal offense that has a negligent form of guilt, and creates a single, common to all subjects socially dangerous result provided by criminal law. It is established that in case of negligent joint infliction of criminally - illegal consequences there is an objective interdependence and interaction of actions (actions or inactions) of such subjects who took part in achievement of those socially dangerous consequences which are provided by the criminal legislation.