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Tom 14 Nr 1 (2021)

Artykuły

Selection of Crime Objects: Justification and Criteria

DOI: https://doi.org/10.32084/tekapr.2021.14.1-1  [Google Scholar]
Opublikowane: 21.07.2022

Abstrakt

The current issues of justification and criteria for selecting the objects of a criminal offense are analyzed in the article. From the right choice of mentioned objects depends the correct and timely application of the law on criminal liability in the practice of law enforcement and judicial authorities. The possibility of choosing the object of the crime from the point of view of its social conditionality is investigated. The substantiation and criteria of the object of the crime and the need to enshrine it in law are highlighted. A lot of attention is given to the task of the law, the choice of those criteria that should be in the possible choice of a particular object of crime. The need for such choice is due to the fact that the legal superstructure always corresponds to a certain economic basis, which protects it by Criminal law. To achieving this goal depends on the criminal remedies policy of the state, the need to ensure the protection of public relations. Analyzing that the possibility of the existence of such objects of criminal law protection in the system of legislation on criminal liability, which due to insignificance do not pose a public danger, and therefore should be referred to the legislation on administrative offenses. It is emphasized that when choosing the object of encroachment, the legislator must take into account the victimology, which will serve to improve the legislation on criminal liability.

Bibliografia

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