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დანაშაულზე ნებაყოფლობით ხელის აღება
Date Issued
2020
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Abstract
The subject of research in the paper is the Institute for Voluntary Handling of Crime, which discusses the problematic issues of crime prevention, which take place at the legislative level and in itself is reflected in court practice.
The signs of voluntary renunciation of crime have been analyzed, which are of particular importance in the development of ideas about the renunciation of voluntary crime dictated by human social nature. Theoretical development of the concept and conditions of voluntary renunciation of crime is essential given its special social and legal significance. By itself expressing the foundations of humanism, a positive norm contributes to the failure to commit crimes at the stage of unfinished crime, which minimizes the damage done to the individual, society and the state.in order to determine the voluntary seizure of a crime, it is necessary to determine the theoretical understanding of the conditions of its existence. The institution of voluntary renunciation of crime is given in the general part of criminal law, in contrast to the “post-criminal criminal” norms. Therefore, the latter is applied to individual offenses specifically specified in criminal law, and voluntary renunciation of a crime is applied to any offense where it is legally possible. Legislative-legal regulation of voluntary seizure is given in Article 21 of the Criminal Code of Georgia, and from a dogmatic-legal point of view, this institution is substantiated according to the "Golden Bridge Theory" and the "Modified Theory of the Purpose of Punishment".
The signs of voluntary renunciation of crime have been analyzed, which are of particular importance in the development of ideas about the renunciation of voluntary crime dictated by human social nature. Theoretical development of the concept and conditions of voluntary renunciation of crime is essential given its special social and legal significance. By itself expressing the foundations of humanism, a positive norm contributes to the failure to commit crimes at the stage of unfinished crime, which minimizes the damage done to the individual, society and the state.in order to determine the voluntary seizure of a crime, it is necessary to determine the theoretical understanding of the conditions of its existence. The institution of voluntary renunciation of crime is given in the general part of criminal law, in contrast to the “post-criminal criminal” norms. Therefore, the latter is applied to individual offenses specifically specified in criminal law, and voluntary renunciation of a crime is applied to any offense where it is legally possible. Legislative-legal regulation of voluntary seizure is given in Article 21 of the Criminal Code of Georgia, and from a dogmatic-legal point of view, this institution is substantiated according to the "Golden Bridge Theory" and the "Modified Theory of the Purpose of Punishment".
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Aleksandre Khubunaiai Samagistro.pdf
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დანაშაულზე ნებაყოფლობით ხელის აღება
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667.08 KB
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(MD5):30dd196dab2c3c69aef6c8568fa1b113