Open AccessCONTROVERSIAL ISSUES ON THE QUALIFICATION OF POST-CRIMINAL BEHAVIOR
Author(s) -
Zhytnyi Oleksandr,
Tereshchuk Sergij
Publication year - 2019
Publication title -
vìsnik harkìvsʹkogo nacìonalʹnogo unìversitetu ìmenì v.n. karazìna. serìâ pravo
Language(s) - English
Resource type - Journals
ISSN - 2075-1834
DOI - 10.26565/2075-1834-2019-28-14
Subject(s) - criminal law , criminal procedure , law , criminology , commission , political science , enforcement , punishment (psychology) , criminal investigation , law enforcement , theory of criminal justice , psychology , criminal justice , social psychology
The paper is focused on studying such a category of modern criminal law of Ukraine as “qualification of post-criminal behavior”. It has been noted that it reflects the sequence, procedure and consequences of the criminal assessment of the actions or omission of a person after the committed crime, which are not covered by corpus delicti of the committed crime. The authors have stated that post-criminal behavior, along with criminal behavior (a crime), is now included into the structure of the subject matter of criminal law. Therefore, persons carrying out legal enforcement must be properly aware of the specifics of its legal assessment.Post-criminal behavior (for example, evasion of court hearings, person’s active repentance, compliance with or violation of admission by bail conditions or probation conditions, conscientious conduct, reconciliation with the victim, etc.) can be both positive, and negative. The first entails favorable criminal consequences for the person who committed the crime in the form of abolishing or reducing the restrictions of his or her rights and freedoms caused by the crime commission. The second, entails additional such restrictions or deprivation of certain rights within criminal relations.It has been stated that the issues of qualification of post-criminal behavior of a person have not been developed by legal science yet. It has been offered to apply the theory of qualification of a crime in this field of research.Typical stages and phases of post-criminal behavior qualification have been determined.The qualification of post-criminal behavior has been defined as establishment of the identity of actions or omission of a person after committing a crime to the features of post-criminal behavior’s corpus delicti, set in the disposition of the relevant norm of the Criminal Code, and adopting an act, which establishes such identity and determines the possibility of applying criminal consequences to a person provided by such norm.