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pp. 10241-10252 | Article Number: ijese.2016.734
Published Online: November 01, 2016
Abstract
The article considers a concept of chance (casus) in criminal law and its main features. A definition of chance (casus) was analyzed as faultless causing of harm from a perspective of delimitation of the concept from carelessness in the form of criminal negligence. Particular attention is paid to the legislative definition of faultless causing of harm, which is found in criminal codes of foreign countries. Based on the study, the author has identified characteristic features of the chance (casus), which included: special form of mental attitude of a person to his deeds (the absence of such attitude), faultless causing of harm, absence of fault, objectively random effects, commission of acts that resulted in socially dangerous consequences by a person who has all the features of the perpetrator. The concept of chance (casus) in criminal law was determined and substantiated. A chance (casus) is faultless causing of harm by a person who has all the features of the perpetrator when committing an act that led to socially dangerous consequences when the person was not aware of and could not recognize socially dangerous consequences of his actions or did not foresee the possibility of socially dangerous consequences and circumstances and should not have or could not foresee them. As a result of research, the author proves the necessity of legislative regulation of chance (casus) in domestic criminal law, on the basis of which it is proposed to include Article 25-1 "Chance (casus)" in the Criminal Code of Ukraine.
Keywords: Casus (chance), faultless causing of harm, criminal negligence, perpetrator, foresight of socially dangerous consequences
References
Adamjan, A. S. (2014). Historical and legal aspects of regulation of faultless causing of harm (casus) category in Ukraine. Customs affairs: scientific and analytical journal, 5(95), 110-115.
Badar, Mohamed E. (2013). The Concept of Mens Rea in International Criminal Law: The Case for a Unified Approach. Bloomsbury Publishing.
Baker, D. J. (2011). The Right Not to Be Criminalized: Demarcating Criminal Law's Authority. Ashgate Pub Co.
Criminal Code Act of Australia. (1995). Office of Legislative Drafting, Attorney-General’s Department, Canberra. Act No. 55. 2001. 214.
Criminal Code of the Kyrgyz Republic. (1997). Adopted by the Legislative Assembly of the Kyrgyz Republic Parliament (Jogorku Kenesh) No. 68. 01.10.1997.
Criminal Code of the Netherlands. (2012). dated 1 October, 2012. Direct access: http://www.ejtn.eu/PageFiles/6533/2014 seminars/Omsenie/WetboekvanStrafrecht_ENG_PV.pdf.
Criminal Code of the Republic of Kazakhstan. (1997). No. 167, Law, 10, 09.12.2004.
Dagel, P. S. (2009). The subjective aspect of the crime and its establishment. In P. S. Dagel, D. P. Kotov, Selected works. Vladivostok.
Dahl, V. I. (1882). The Explanatory Dictionary of the Living Great Russian Language (in 4 volumes). Vol. 4. St. Petersburg - Moscow: Publication of M. O. Wolf.
Jefferson, Michael (2013). Criminal Law. 11th Edition. Pearson.
Kiely, Terrence F. (2001). Forensic Evidence: Science and the Criminal Law. CRC Press.
Kuznetsova, N. F., & Tyazhkova, I. M. (eds.) (2002). The criminal law course. A common part. The doctrine of the crime. Moscow: ICD "Mirror-M".
Landina, A. V. (2014). Criminal legal counteraction to illegal movement of objects through the state (customs) border of Ukraine, committed by an official using his official position in A. V. Landina. Countering crimes in the sphere of official activities. Criminological, criminal legal and criminally-remedial issues. Kiev: Publishing house "Scientific thought" 126-163.
Miroshnichenko, N. V. (2013). Legal error and casus in violation of professional duties. Online resource (in Russian). Direct access: http://www.rusnauka.com/28_NPM_2013/Pravo/9_145518.doc.htm.
Nezhurbіda, S. І. (2001). Criminal negligence: concept, mechanism and countermeasures: PhD thesis, Chernivtsi, Ukraine, 216.
Penal Code of France. (2005). Dated November 12, 2005. With the participation of John Rason SPENCER QC Professor of Law, University of Cambridge Fellow of Selwyn College. Direct access: http://www.legislationline.org/download/action/download/id/3316/file/France_Criminal Code updated on 12-10-2005.pdf.
Pogribnyi, I. M. (2015). Problems of casus criminal legal regulation: theoretical aspect. Law and Society, 6:180-185.
Rarog, A. I. (2003). Qualification of the crimes on subjective grounds. St. Petersburg: Publishing house "Legal Center "Press".
Republic of Armenia. (2003). Criminal Code, dated 18 April, 2003. Direct access: http://www.legislationline.org/download/action/download/id/1655/file/bb9bb21f5c6170dadc5efd70578c.htm/preview.
Samaha, Joel (2014). Criminal Law. 11th Edition. Cengage Learning.
The Criminal code of the Republic of China (second revised draft) Pub. (1919). by the Law Codification Commission. Peking: "Peking leader" Press.
The Criminal Code of the Republic of Moldova. (2002). dated 18.04.2002, No. 985-XV. Direct access: www.norlam.md/public/files/docs/Criminal Code RM.pdf.
The Criminal Code of Ukraine. (2016). Dated 1 May 2016. Site of the Verkhovna Rada of Ukraine. Direct access: http://zakon5.rada.gov.ua/laws/show/2341-14.
Valieva, Anar B., Orazbaieva, Ainur M., & Shaiheslyamova Kazyna O. (2016). The Image of a Manager in Market Conditions. IEJME-Mathematics Education, 11(7), 1971-1985.
Veresha, R. V. (2002). Objective theory of guilt in criminal law. State and Law: Proceedings. Legal and political science. Kiev: V. M. Koretsky Institute of State and Law of the National Academy of Sciences of Ukraine. (17): 369-373.