The conditionality of criminal charges of crimes against the person’s health: criminal and criminological factors

  • K. Katerynchuk PhD, Associate Professor, Assistant Professor of Department of Criminal Sciences Research Institute of Law and Psychology of the National Academy of Internal Affairs
Keywords: health, factors, crime, criminal responsibility, Criminal Code of Ukrainе

Abstract

Research of conditioning of criminal and criminological factors as well as crimes against a person’s health is essential, as it is the reflection the societal interests that later on find expression in the law. In the article, the thoughts and opinions of Ukrainian scientists were analyzed and it was determined that the precondition of the criminalization of acts also come to the fore of criminal and criminological factors. To this day, some challenges do exist in distinguishing criminal and criminological factors, whereas, during the research of criminal factors the categories have to be analyzed which inherent only to the criminal law but not to criminology. The Conditionality criminalization of offenses against public health person vstanovlyuetsya nebezpechnistyu these crimes. Therefore, the feature of criminal factors stems from damage caused to the health of a person who is closely connected due to objective and subjective grounds of the criminal responsibility. In this case, the damage as a result of the offense the person appears in public danger. To install criminological factors of criminalization, the state structure and dynamics of crimes against the person’s health have to be established, which preceded the adoption of the Criminal Code of Ukraine in 2001.

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Author Biography

K. Katerynchuk
PhD, Associate Professor, Assistant Professor of Department of Criminal Sciences Research Institute of Law and Psychology of the National Academy of Internal Affairs

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How to Cite
[1]
Katerynchuk, K. 1. The conditionality of criminal charges of crimes against the person’s health: criminal and criminological factors. Scientific Herald of the National Academy of Internal Affairs. 95, 2 (1), 29-40.
Issue
Vol 95 No 2 (2015)
Section
Combating crimes: theory and practice
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