GROUNDS, CONDITIONS AND STAGES OF LEGAL LIABILITY FOR OFFENSES IN THE CRIMINAL PROCESS
Journal Title: Юридичний бюлетень - Year 2018, Vol 7, Issue 2
Abstract
The article is devoted to the study of the issues, grounds, and stages of legal liability for offenses in the criminal process. It is concluded that legal liability for offenses in the criminal process as an independent integrated institution of the criminal process is characterized by a number of attributive features: the grounds, conditions and stages of this legal liability, which have a controversial theoretical design with inadequate legal definition. The grounds for legal liability for offenses in the criminal process are: 1. The legal basis for bringing legal liability for an offense in a criminal proceeding means that the law contains rules of law that prohibit certain behaviour of the subjects of the criminal process under the threat of imposing measures of legal liability. 2. The actual reason for bringing legal liability for an offense in a criminal proceeding indicates the legal fact of the unlawful conduct of the subject of the criminal process. 3. Procedural basis. This is not only an act of legal liability, but also other acts that lead to the emergence of legal relationships of legal responsibility and the very procedure for bringing to legal responsibility. Regarding the conditions of legal liability, it is noted: where there are no clear normative grounds of legal responsibility, science and practice develop the conditions for the onset of one or another legal responsibility, that is, in practice, non-specified items of offenses are revealed. Stages of legal responsibility are: 1) the emergence (establishment), 2) concretization and 3) implementation (implementation); 4) termination of legal liability. The basis of the implementation of any legal responsibility in the criminal process lies in the criminal procedural legal relationship of a specific criminal proceedings.
Authors and Affiliations
Олександр Вікторович Андрушко
Keywords
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