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  3. Gori State University
  4. სოციალურ მეცნიერებათა, ბიზნესისა და სამართალმცოდნეობის ფაკულტეტი (სამაგისტრო ნაშრომები)
  5. Voluntarily hand over the offense
 
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Voluntarily hand over the offense

Date Issued
2019
Author(s)
kutateladze, Megi  
Advisor(s)
იმერლიშვილი, ირაკლი  
Institution
Gori State Teaching University  
Faculty
Faculty of Social Sciences, Business and Law  
Publisher
Gori State Teaching University  
URI
https://openscience.ge/handle/1/1940
Abstract
The offense is the basis for criminal liability. Ie illegal and guilty action provided by the criminal law. If a person has voluntarily taken the offense, he will not be held responsible. The offense can be handed over at the stage of preparation of the offense and the endless effort. It is noteworthy that a person can take the time to commit a crime. In the case of voluntary handling, if a person has actually committed a crime involved other signs of crime (such as not killing a man but damaging his body), he will be punished for actually committing. In the voluntary hand, the person must avoid the result of his active action. If a person fails to commit a criminal offense, he will be punished for crimes. The voluntary handover of the offense is also permissible by the person (for example, a shot can not be shot by a shot once and no more shot). In case of attempting to be exempt from the responsibility of the person, it is justified. "The Golden Bridge" theory. The essence lies in the following: the legislator gives the person the chance to take the initiative even to the end of the crime and to prevent the loss of legal good. Then he will not be subject to criminal liability. It should be noted here that different theories have been developed regarding voluntary handover of inactivity. 1) Theory of a separate act - a person must be punished for the crime of the crime, if he has done a good thing to achieve the result by his performance, but it has not had the desired result. Against this theory can be said that if a person is not released for a downturn, then there may be a desire to bring the crime to the end. 2) Assessment theory in the course of actions - The action only takes place when the initial action has not resulted in a criminal outcome, and the other person has no other means of achieving the result. We will be voluntarily handed over to the end of the crime when the outcome will be avoided. The voluntary hand over the norm is encouraging. The person is not released from the crime because he did not commit the offense, but because it would prevent the loss of legal good. The voluntary handover of the offense does not constitute an exemplary circumstance, but is the basis for personal release from the responsibility. We should also recall a criminal-political theory that makes a person's impunity in voluntary hand. It is also important that the theories of motivation and punishment are aimed.
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