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Volunatary confession of guilt
Date Issued
2020
Author(s)
Advisor(s)
Institution
Abstract
Any action provided for by the Criminal Code of Georgia is a crime, therefore all such actions are punishable. One of the exceptions is an act, voluntary refusal to commit crime, when a person is not punished for committing an act under the Criminal Code. Crime as an action has stages of development, voluntary refusal to commit crime can be during the stage of the preparation of crime, finished and unfinished attempts. Therefore, voluntary refusal of completed crime is impossible. If a person voluntarily refused to commit crime but other signs of a crime are in his action he will be punished for actually already committed previous crime but he will be absolved from responsibility for the crime he voluntary and finally refused to commit. For qualification of act, as voluntary renunciation the following factor has crucial importance, that unlawful result should be prevented, otherwise the action is a completed crime. This mentioned norm in Georgian criminal law is an example of the liberalization of legislation, which has an incentive function and aims not to punish a person and enforce a sentence, but the opportunity for expiation and avoid the corresponding punishment. The mentioned article is the basis for the exemption from personal liability of a particular person. Many researches and theses have been created on this issue in Georgian and foreign scientific literature, with this thesis I will try to present widely the issue, as a voluntary renunciation of crime purpose, both from Georgian and foreign sources, as well as from court practice.
File(s)
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Name
Giorgi Shavdatuashvili Samagistro.pdf
Description
დანაშაულზე ნებაყოფლობით ხელის აღება
Size
1.33 MB
Format
Adobe PDF
Checksum
(MD5):14683ae876ba97a771ca59e79c6540aa