The Subject Of Corpus Delicti Has Been Examined Under The Article 359 Of The Criminal Code Of Ukraine

  • V.Ya. Bondarenko
Keywords: criminal liability, measures of criminal and legal impact on entities, subject of a body of a crime, special technical means of secret getting of information.

Abstract

The article deals with the analyses of the problems of defining the subject of a body of a crime (corpus delicti), of illegal purchase, sale or use of special technical means of secret getting of information under the criminal law of Ukraine. The concept of the subject of corpus delicti has been examined under the Article 359 of the Criminal Code of Ukraine, that helped to identify some problematic aspects of this concept, in particular, it concerns the age of the person, sanity, and offer possible ways of their solutions. The issue of criminal legal sanctions application to legal persons in case of illegal buying, sale, or use of special technical means of secret getting of information is raised. It is grounded that in case of illegal buying, sale, or use of special technical means of secret getting of information by special category of persons, the measures of criminal and legal influence can be applied to a legal person (entity).

An additional argument in favor to give up independent body of a crime (corpus delicti) under the Article 359 of the Criminal Code of Ukraine is suggested. Instead, the list of bodies of a crime is suggested, where the crime of illegal purchase, sale or use of special technical means of secret getting of information as other qualified type of a crime can be held by a general subject of crime, and bodies of crimes where a special subject of a body of a crime is possible.

Published
2020-01-18