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THE DRAFT NEW CRIMINAL CODE OF THE RUSSIAN FEDERATION. CHAPTER 7. CIRCUMSTANCES EXCLUDING THE CRIMINALITY OF A DEED



V.B. Malinin
Malininvasily@mail.ru
Professor, the Department of Criminal Law and Procedure, Law Faculty, Pushkin Leningrad State University, Doctor of Law, Full Professor
Saint-Petersburg

Keywords:

  • the draft of Chapter VII of new Criminal Code
  • implementation of the Law
  • execution of professional functions
  • execution of the order
  • justifiable defense
  • the infliction of harm on a person who has committed a crime
  • during his detention
  • extreme necessity
  • coercion
  • justified risk
  • consent of an aggrieved party
  • ignorance of the law
  • of the order of law enforcement bodies
  • The study is a continuation of a series of articles on the new Criminal Code worked out by the author on the basis of his 36 volumes ''Encyclopedia of the Criminal Law" being published by himself with the participation of more than 300 co-writers, scientists from Russia and CIS countries, with more than 60 foreign criminal codes being analyzed. The concept of the draft of a new Criminal Code and its first 5 articles were published in issues 4, 5, 6 in 2017 and issues 1, 2, 3 of the journal "The Library of Criminal Law and Criminology" in 2018 with the Chapter 6 being published in the second issue of the journal.
    The present article is devoted to Chapter VII of the new draft Criminal Code. It deals with all kinds of circumstances excluding the criminality of a deed. Even those types of circumstances are analyzed that are not presented in the current Criminal Code. It should be noted that only debatable matters are focused on as well as the ones which substantiate the changes proposed are studied.
    At the end of the chapter the concept of terms being used is introduced.

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