Abandonment in Danger, Resulting in the Death of the Victim: Problems of Theory and Judicial Practice

Abstract

Problem Statement. The inconsistency of judicial practice in criminal cases of abandonment in danger remains an urgent theoretical, legal and practical problem that needs doctrinal coverage. The second premise of the study is the inconsistency of the established judicial practice in cases of this category with the principles of the criminal law-legality, justice, guilt. Goals and Objectives of the Study, Research Methods. The goal is to provide a theoretical explanation and practical suggestions for optimizing judicial practice in cases of this category. The study is carried out in the tradition of a dialectical approach to the content and essence of any social phenomenon, in the coordinates of which the state of the phenomenon under consideration is determined by the content and the ratio of the factors forming this phenomenon. From this point of view, the current practice of reviewing criminal cases on the most dangerous type of abandonment of an unauthorized person in danger, which resulted in his death, is subjected to research. The research methods are systematic, historical, logical, comparative, and proper – legal. Results and Summary Conclusions. The article presents a picture of the contradictory judicial practice in criminal cases of abandonment in danger, and provides a cross-section of theoretical views on the problem under consideration. The main focus is on the consideration of leaving the victim in danger, resulting in his death. It is argued that the reason for the different qualifications of abandonment in danger, associated with the onset of serious consequences (causing harm to the health or death of the victim), is due to the disregard by law enforcement officers of the understanding of this act as a single mechanism of criminal behavior, including the uniqueness of the objective signs of the act with their reflection in the consciousness of the perpetrator. The conclusion is made about the need for a systematic approach to the legal assessment of the phenomenon of abandonment in danger with the subsequent causing of death. In addition to the stability of judicial practice, the author believes that this would lead to a more precise adherence to the principles of criminal law: legality, justice, and guilt. The same principles would be more consistent with the qualification activities of law enforcement entities as a component of the State’s criminal law policy.