On Insignificance of an Act: What Attributes of Social Danger Refer an Act to an Insignificant One?

In recent years, cases of termination of criminal cases have increasingly appeared in judicial practice due to the insignificance of the act, which cause disputes among law enforcement officers. The literal interpretation of the wording chosen by the legislator is largely vague, making it impossible for law enforcement agencies to correctly assess the presence or absence of signs of public danger of the act. The recognition of an act as insignificant depends on a variety of factual circumstances, which at the same time leave a large space for the discretion of the law enforcement officer, and, despite the apparent formality of the concept of public danger, still do not indicate the uncertainty of the concept under consideration.

Publication Details

Journal
Уголовное судопроизводство.
Published
2024-10-31
DOI
https://doi.org/10.18572/2072-4411-2024-4-26-31
Primary Topic
Criminal Law and Evidence
Type
article
Field-Weighted Citation Impact
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article

On Insignificance of an Act: What Attributes of Social Danger Refer an Act to an Insignificant One?

Уголовное судопроизводство.
Criminal Law and Evidence
article

On Insignificance of an Act: What Attributes of Social Danger Refer an Act to an Insignificant One?

article en

Abstract

In recent years, cases of termination of criminal cases have increasingly appeared in judicial practice due to the insignificance of the act, which cause disputes among law enforcement officers. The literal interpretation of the wording chosen by the legislator is largely vague, making it impossible for law enforcement agencies to correctly assess the presence or absence of signs of public danger of the act. The recognition of an act as insignificant depends on a variety of factual circumstances, which at the same time leave a large space for the discretion of the law enforcement officer, and, despite the apparent formality of the concept of public danger, still do not indicate the uncertainty of the concept under consideration.

Уголовное судопроизводство.
Peace, Justice and strong institutions
Openalex Percentile: Top 30%
Criminal Law and Evidence
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