| Autor: |
Denys Danylenko |
| Jazyk: |
English<br />Russian<br />Ukrainian |
| Rok vydání: |
2022 |
| Předmět: |
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| Zdroj: |
Вісник Харківського національного університету імені В. Н. Каразіна Серія: «Право», Iss 34, Pp 133-139 (2022) |
| Druh dokumentu: |
article |
| ISSN: |
2075-1834 |
| DOI: |
10.26565/2075-1834-2022-34-16 |
| Popis: |
Introduction. The purpose of the study is the analysis of the concept of mental violence in criminal law and the selection of its subjective and objective signs. Summary of the main results of the study. It was determined that mental violence is a complex criminal-legal category, which is distinguished from others by signs that indicate the possible hidden nature of the actions that characterize it. , which can be divided into three groups: those who believe that mental violence is not an independent criminal legal category; those who believe that mental violence cannot exist independently of physical violence and usually, mental violence turns into physical violence; those who believe that mental violence is an independent legal category and can exist independently of physical violence. It is argued that physical violence exists separately from physical violence and the only thing they have in common is that these concepts are components of the concept of violence as such. Conclusions. Mental violence in criminal law is characterized by a number of objective and subjective signs, which makes it possible to define the latter as an independent criminal law category, which can be classified as: a socially dangerous act; illegality; the object of encroachment is the psyche and mental processes of a person or group of persons; intentionality; is carried out against, against or against the will of such persons; the goal of mental violence is the desired result that is formed in the mind of the person who commits mental violence, seeking to realize his socially dangerous intention by subduing the will or suppressing the will, the ability to freely express himself; is committed from hostile, instrumental or negativist motives; its use causes or may cause mental or physical harm. |
| Databáze: |
Directory of Open Access Journals |
| Externí odkaz: |
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