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Conditions for the Lawful Infliction of Harm in Cases of Detention of a Person Committing a Crime

Abstract

The exercise of the right to cause harm in the context of suppressing criminal activity and detaining a criminal is an important element of the fight against crime and constitutes a significant aspect in the professional activities of law enforcement officers. The purpose of the article is to determine the content of the normatively established conditions for causing harm during the detention of a person who has committed a socially dangerous act. The research uses a historical, formal-logical, comparative method based on the dialectical-materialistic paradigm. The study resulted in obtaining new knowledge regarding the determination of the legality of causing harm during the detention of a person who committed a socially dangerous act. The following conclusions have been drawn. The content of the lawforming legal fact of the emergence of a criminal law relationship, on the implementation of the norm contained in Article 38 of the Criminal Code of the Russian Federation, is determined. The right to detention arises only when a person commits an act containing elements of a crime or another act that is the basis for criminal liability. The normatively established goals of detaining a person who has committed a socially dangerous act are determined: stopping evasion of prosecution; delivery to authorities competent to conduct investigations and bring criminal charges; depriving detainees of the opportunity to continue criminal activities. Criteria for exceeding the necessary detention measures have been established.

How to Cite this article

Таранов Г.К., Мамонтова Э.А. Условия правомерности причинения вреда в случаях задержания лица, совершившего преступление // Право: история и современность. 2023. Т. 8, № 1. С. 89 – 102. doi: 10.17277/pravo.2024.01. pp.089-102