Article | On Application a New Law about Criminal Liability to Continuing Crimes |
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Authors |
Obodovskyi O.
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Name of magazine | Legal journal «Law of Ukraine» (Ukrainian version) |
Issue | 2 / 2016 |
Pages | 149 - 158 |
Annotation | The article is devoted the question on application a new law about criminalliability to continuing crimes, which are began before and ended after the entry of such law intolegal force. Practical significance of the right decision of this question is showed. In article isconcluded that a new law for criminal responsibility should be applied when act which wascommitted after the entry of this law into force contains a structure of the completed crimewhich is provided by the new law. In other cases should be applied that law which is morefavorable to the offender. If a new law improve partially a position of the offender and partiallyworsen it such law should be applied only in that part which improves the position of theoffender. The features of a new law application relatively to the crimes which consist of severalacts which in a disposition of article (in a disposition of a part of article) of Particular partyof Criminal Code are alternatively provided and one of which is continuing are considered. |
Keywords | continuing crimes, structure of crime, new law about criminal responsibility,entry of law into legal force, retroaction. |
References | |
Electronic version | Download |