The situation of bringing to justice of a deliberately innocent person

Abstract

The aim of the work is the research such a feature of the objective side as the situation of a criminal offense provided for in Article 372 of the Criminal Code of Ukraine. The topicality is due to the lack of scientific development of the situation of bringing to justice of a deliberately innocent person, which leads to its neglect in practical activities when establishing the objective side of the crime. The methodological basis of the study is the complex of such methods as empirical, general logical and special legal methods, since the research of the problem of the situation requires the use of a wide toolkit of methodology. For example, empirical methods were used to study the practical implementation of normative prescriptions in judicial practice. The comparative legal method was necessary for a qualitative comparison of adjacent and competing criminal offenses in order to distinguish them. In addition, the terminological approach was applied to clarify the definition of the situation, which was not only contained in the science of criminal law for its unambiguous understanding. The article consistently examines the general concept of the circumstances of the commission of a crime in various aspects, first of all, in criminal law and criminalistics, as well as the need to establish the situation during the investigation of all criminal offenses, regardless of its fixation in the disposition of an article of the Special Part of the Criminal Code of Ukraine. It was analyzed the circumstances of the commission of the crime provided for in Article 372 of the Criminal Code of Ukraine, which is not enshrined in the specified article, but directly follows from its content and is the obligatory feature of the objective side, because the commission of this crime outside the pre-trial investigation excludes qualification by this article of the Criminal Code. The practical significance of the research lies in the theoretical provision of pre-trial investigation and trial with the aim of properly establishing all the circumstances relevant to the case and the correct qualification of a person’s actions under Article 372 of the Criminal Code of Ukraine. According to the results of the conducted research, the definition of the situation of bringing to justice of a deliberately innocent person is singled out. It was determined that the commission of this crime is possible only during and under the conditions of a pre-trial investigation, which would simultaneously be the stage of criminal proceedings, the period of time of its conduct, and the procedural activity of authorized persons.