THE LIMITS OF THE NECESSARY DEFENSE OF THE HOME: IS IT NECESSARY TO EXPAND THEM?
Authors:
1.
Kaliningrad branch of Saint Petersburg University of the MIA of Russia
(Department of Criminal Law, Criminology and Penal Enforcement Law, Professor)
Kaliningrad, Kalinigrad, Russian Federation
Kaliningrad, Kalinigrad, Russian Federation
Type:
Article
Pages:
from
to
Status:
Published
Received:
14.08.2024
Accepted:
16.08.2024
Published:
10.10.2024
Language:
Russian
Keywords:
necessary defense, housing, limits, criminal liability, liberation
Abstract (English):
Introduction. The State Duma of the Federal Assembly of the Russian Federation is considering a bill that proposes not to qualify the actions of a person defending himself from a violent attack on a home as exceeding the limits of necessary defense. This applies to cases where an attack poses a danger to the life of the defender himself or those next to him, or when there is an immediate threat of life-threatening violence. It is also proposed to consolidate the right to protect one's property in situations of illegal forced entry into a home. Research methods. The work used a general scientific dialectical method of cognition of the surrounding reality, which involves a complete and comprehensive study of phenomena, consideration of connections and contradictions between them. In addition, the method of description was used; the method of logical comprehension; abstraction and generalization. The analysis of the dynamics of crimes qualified under Article 108 of the Criminal Code of the Russian Federation is carried out. Results. In general, the analyzed initiative of the legislator deserves support. A citizen who defends himself on the territory of his home in case of an obvious or potential threat, as a general rule, should not subsequently prove his innocence and be brought to criminal responsibility. The adoption of this Bill in conditions of low incomes of the population and an increase in group criminal activity will help to increase the level of security of citizens. Such changes will create confidence in people that their actions to protect themselves and their loved ones in their own home will be considered legitimate and justified.
Introduction. The State Duma of the Federal Assembly of the Russian Federation is considering a bill that proposes not to qualify the actions of a person defending himself from a violent attack on a home as exceeding the limits of necessary defense. This applies to cases where an attack poses a danger to the life of the defender himself or those next to him, or when there is an immediate threat of life-threatening violence. It is also proposed to consolidate the right to protect one's property in situations of illegal forced entry into a home. Research methods. The work used a general scientific dialectical method of cognition of the surrounding reality, which involves a complete and comprehensive study of phenomena, consideration of connections and contradictions between them. In addition, the method of description was used; the method of logical comprehension; abstraction and generalization. The analysis of the dynamics of crimes qualified under Article 108 of the Criminal Code of the Russian Federation is carried out. Results. In general, the analyzed initiative of the legislator deserves support. A citizen who defends himself on the territory of his home in case of an obvious or potential threat, as a general rule, should not subsequently prove his innocence and be brought to criminal responsibility. The adoption of this Bill in conditions of low incomes of the population and an increase in group criminal activity will help to increase the level of security of citizens. Such changes will create confidence in people that their actions to protect themselves and their loved ones in their own home will be considered legitimate and justified.
Keywords:
necessary defense, housing, limits, criminal liability, liberation
necessary defense, housing, limits, criminal liability, liberation
