The peculiarities of exemption from punishment for individuals who have made public calls to commit a terrorist act

Abstract

The article is a study of the peculiarities of exemption from punishment for individuals who have made public calls to commit a terrorist act. Specifically, it was established that a terrorist act involves violent activities or violence carried out with the intention to instill fear, panic, threaten lives, health, and safety of people, or to intimidate by using civilians as human shields or armed means. Terrorist acts are usually aimed at achieving political, religious, ideological, or social goals and can be perpetrated by individuals, groups, or organizations. The criminal responsibility for committing a terrorist act is governed by Article 258 of the Criminal Code of Ukraine.Furthermore, the article specifies that the crime defined in Article 258–2 of the Criminal Code of Ukraine, «Public Calls to Commit a Terrorist Act,» is characterized by the special intent of disseminating materials inciting terrorist acts. According to Article 258–2 of the Criminal Code of Ukraine, those who make public calls to commit a terrorist act may face not only imprisonment but also corrective labor or arrest.The study concludes that a systemic analysis of general types of exemption from criminal liability, as provided in Articles 45–49 of the Criminal Code of Ukraine, allows for their application to individuals who have committed terrorist offenses. Thus, the provisions for exemption from criminal liability based on personal surety (Article 47 of the Criminal Code of Ukraine) and exemption due to a change in circumstances (Article 48 of the Criminal Code of Ukraine) can be applied to individuals who have been involved in committing a terrorist act (Part 1 of Article 258–1 of the Criminal Code of Ukraine) and those who have made public calls to commit a terrorist act (Article 258–2 of the Criminal Code of Ukraine).Consequently, legislative compromise regarding terrorist offenses represents a special form of criminal law impact. Within the realm of criminal law regulation of specific forms of exemption from criminal liability for committing terrorist offenses, there are ongoing scientific discussions, which discern the rational basis of scientific assertions, enabling a more rational implementation of legislative compromise concerning these crimes.