| Issue |
SHS Web Conf.
Volume 50, 2018
The International Scientific and Practical Conference “Current Issues of Linguistics and Didactics: The Interdisciplinary Approach in Humanities and Social Sciences” (CILDIAH-2018)
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|---|---|---|
| Article Number | 01160 | |
| Number of page(s) | 4 | |
| DOI | https://doi.org/10.1051/shsconf/20185001160 | |
| Published online | 12 October 2018 | |
Circumstances Precluding Wrongfulness in Russian and German Criminal Law
Volgograd State University, Department of Criminal Law, 400062, Prosp. Universitetsky, 100, Volgograd, Russia
* Corresponding author: antonsh97@gmail.com
The article discusses some problematic issues with respect to such legal institution as the circumstances precluding wrongfulness. The author characterizes the nature of the circumstances, provides various definitions, respectively, various features underlying the allocation of these circumstances. The comparative legal analysis of these types of circumstances is given on the basis of the criminal code of the Russian Federation and Germany. The article suggests some refinement in the present Institute of circumstances, in particular, more precise regulation of the concepts of illicitness and culpability, as well as inclusion of the victim’s consent to undergo harm in the list of circumstances.
© The Authors, published by EDP Sciences, 2018
This is an open access article distributed under the terms of the Creative Commons Attribution License 4.0 (http://creativecommons.org/licenses/by/4.0), which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.
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