Circumstances that Prevent an Act from Being a Crime
The article elaborates the circumstances which prevent an act from being a crime. Crime owns its specific signs. Not all the acts can be considered a crime. In order to get the status of crime, the act must be socially dangerous, must be committed by a guilty person, must be considered in the Criminal Code, and must be prohibited by the threat of punishment. The main and basic task of criminal law is to protect society from relatively dangerous crimes. As for the special deterrent duty of criminal law, it should be noted that the person who committed the crime is given the punishment provided for by law, and in this way, he is prevented from committing a new crime a second time. One of the important methods of fulfilling such duties is the prevention of socially dangerous acts directed against collective and personal interests. While protecting against the emerging threat, in the process of preventing a socially dangerous act in connection with the elimination of such a threat, physical, material and moral damage may be caused to a person or persons. An action that eliminates the existing danger by causing damage may formally correspond to the signs of this or another composition provided for in the Special Part of the Criminal Code.
Authors
- Tofig Huseynov (ORCID: https://orcid.org/0009-0003-0993-3958)
- Yunis Khalilov
- Hikmet Aliyev (ORCID: https://orcid.org/0009-0009-5990-9132)
- Sefiyar Abisov
Institutions
- Nakhchivan State University (AZ)
Publication Details
- Journal
- Porta Universorum
- Published
- 2025-05-01
- DOI
- https://doi.org/10.69760/portuni.010303
- Citations
- 1
- Primary Topic
- Criminal Law and Evidence
- Type
- article
- Field-Weighted Citation Impact
- 15.98