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CRIMINAL–LEGAL ANALYSIS OF AN OBJECTIVE SIDE OF INFRINGEMENT UPON THE LIFE OF A STATE OR PUBLIC ACTOR

Author (s)

Akilova M.M.

Abstract

It is underscored that an objective side of crime includes actions of a person who committed crime being an outward spontaneous action in individual’s behavior which is a danger of aggression towards the object. It is very important to qualify the action in question properly as a token of the objective side of crime. The former as “an infringement upon the life of a statesman or public figure of Tajikistan Republic” is expressed in the form of murder or attempted murder. Real consequences of infringement upon the life of a statesman or a public actor are death or infliction of harm upon health of varied degree. There exists also a potentiality not beset with causing this harm when encroachment has no respective aftermath, but the cases of this sort don’t affect a crime qualification as an infringement upon the life of a functionary or a public actor as they refer to the category of crimes having formal corpus delicti. It is emphasized that criminal negligence is one of the principal signs of an objective side of crime. Criminal negligence is determined as an undone planned action which was to be undertaken by the person being authorized for doing it.

Keywords

statesman, public figure, corpus delicti, objective side, abridged corpus delicti, formal corpus delicti, infringement on life, accomplished crime, attempted murder

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