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Title of Article

IMAGINARY NECESSARY DEFENSE AS A CRIMINAL LEGAL PHENOMENON


Issue
1
Date
2021

Article type
scientific article
UDC
343.8
Pages
144-147
Keywords
 


Authors
Smirnov A.M.
Nauchno-issledovatelskiy institut Federalnoy sluzhby ispolneniya nakazaniy Rossii


Abstract
The article considers the issue on provisions in the Criminal Code of the Russian Federation concerning regulation of imaginary necessary defense. The author comes to the conclusion that this is unacceptable, since giving this criminal law phenomenon a legal basis will clearly lead to lawlessness in the field of criminal law relations, justifying harm to innocent people on far-fetched, imaginary reasons, the “evidence of which” in some cases won’t be difficult to prove in court. It must be understood that with this kind of “defense” there is no encroachment at all, and harm is done to innocent persons.

File (in Russian)