Problem of Determining the Chance (Casus) in Criminal Law

LOOK Academic Publishers. Knobbelzwaansingel 211 Den Haag 2496LN, Netherlands. Tel: 31-20-217-0912; e-mail: [email protected]; Web site: http://www.ijese.net

Y

12

Criminal Law; Negligence; Definitions; Legislation; Foreign Countries

1306-3065

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.

As Provided

25

2016

EJ1119353