VIOLENCE AS A CRIMINAL-LEGAL CATEGORY

Abstract

ANNOTATION: Introduction. The article analyzes the concept of violence as a criminal-legal category. Violence is a sign of criminal offenses that occur in different sections of the Special Part. At the same time, it has common features that should be taken into account in each specific case of committing criminal offenses with signs of violence. Summary of the main research results. In order to understand the concept of "violence" various approaches were considered. It is proved that the criminal-legal concept "violence" should be understood taking into account the generally accepted and philosophical meaning of this concept. It should be remembered that the criminal-legal meaning of the concept "violence" is much wider than defined in the norms of law and provide the liability for criminal offenses related to the use of violence. It was emphasized that violence has two main types: physical and mental violence. Although the legislation also specifies some other types. The author defines its main criminal-legal features. In particular: it is always illegal (protection from illegal actions of employees cannot be attributed to violence); such actions are always committed intentionally; they are characterized by two forms: physical violence and mental violence. Conclusions. Violence in criminal law is a criminal encroachment on the personal safety of a man in the form of intentional unlawful infliction of physical or mental harm to the victim contrary to (against or outside) their will by means of energetical (physical) or informational (mental) influence on the body (organs, flesh, physiological functions, mental state) of a person.

Keywords

• violence, physical violence, mental violence, the threat of violence, coercion, resistance, criminal liability