Areas of Reformation of the Institution of Necessary Defense in the Russian Criminal Law in the Era of Globalization
- 10.2991/assehr.k.200321.080How to use a DOI?
- criminal offense, necessary defense, life, health, housing
The study is devoted to the problem of regulatory content of necessary defense in the modern Russian criminal law. It is noted that the institution of necessary defense in the modern Russian criminal law insufficiently protects the interests of the defender. The reason is the imperfection of the norms of the Criminal Code of the Russian Federation (RF CC) regulating the application of necessary defense in the conditions of non-obvious attack with the use of force or its threat, and as a result, a significant number of judgements of guilt with the punishment in the form of imprisonment for murder and grievous bodily harm in case of exceeding limits of necessary defense. It is emphasized that the institution of necessary defense needs to be improved as soon as possible to protect the interests of defender. According to the author, the unconditional circumstances for recognition of necessary defense as legal must be a threat to life and health of a citizen; invasion of privacy or violation of boundaries of the territory privately owned by citizens; response to attack in the state of heat of passion, fear or fright caused by a sudden offense.
- © 2020, the Authors. Published by Atlantis Press.
- Open Access
- This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).
Cite this article
TY - CONF AU - N.S. Grudinin PY - 2020 DA - 2020/03/24 TI - Areas of Reformation of the Institution of Necessary Defense in the Russian Criminal Law in the Era of Globalization BT - Proceedings of the XVII International Research-to-Practice Conference dedicated to the memory of M.I. Kovalyov (ICK 2020) PB - Atlantis Press SP - 37 EP - 41 SN - 2352-5398 UR - https://doi.org/10.2991/assehr.k.200321.080 DO - 10.2991/assehr.k.200321.080 ID - Grudinin2020 ER -