A Special Status Victim: Criminal Liability for Assaulting a Government Official in Ukraine and Other Countries-Reference-Cited by-同舟云学术

A Special Status Victim: Criminal Liability for Assaulting a Government Official in Ukraine and Other Countries

Published:2023-10-20 Issue:79 Volume:41 Page:509-523
ISSN:2542-3185
Container-title:Cuestiones Políticas
language:es
Short-container-title:Cuest. Pol.

Author:

Borovyk Andrii¹^ORCID,Tkachenko Iryna²^ORCID,Ivchenko Bohdana-Yuliya³^ORCID,Mandzyk Petro⁴^ORCID,Solovyov Eduard⁵^ORCID

Affiliation:

1. Vice President of the Scientific Institute of Public Law (Kyiv, Ukraine).

2. Lecturer of Criminal Law Department, National Academy of Internal Affairs (Kyiv, Ukraine).

3. Inspector of the Department of educational and methodical workat Kharkiv National University of Internal Affairs (Sumy, Ukraine).

4. Researcher of the Scientific Institute of Public Law (Kyiv, Ukraine).

5. Chief of the Investigation Department of the Main Directorate of the National Police in Mykolaiv region (Mykolaiv, Ukraine).

Abstract

The paper discusses some emerging issues of criminal liability for assaults against public officials in various jurisdictions. Emphasis is placed both on the comparative approach to analyzing the relevant criminal statutes and on the specific legal framework for the protection of the life and health of law enforcement officers. Based on the provisions of statutory criminal law and the case law of several countries, it is shown that the life, health and property of law enforcement officers enjoy a higher level of protection. This is explained by the fact that such persons are direct representatives of the state, perform their duties in public, remain under public scrutiny and, therefore, may become an easier target for assault crimes. In the conclusions of the research, it has been argued that the determination of the legal grounds, scope and limits of protection of public officials by criminal law should be carried out at the national level (or state level in a federal jurisdiction), based on the orientations and principles of the domestic criminal law policy and program of a given nation.

Publisher

Universidad del Zulia

Subject

General Economics, Econometrics and Finance

Reference13 articles.

1. 18 U.S. Code § 111 – Assaulting, resisting, or impeding certain officers or employees. Available online. In: https://www.law.cornell.edu/uscode/text/18/111. Consultation date: 15/07/2023.

2. 18 U.S. Code § 112 – Protection of foreign officials, official guests, and internationally protected persons. Available online. In: https://www.law.cornell.edu/uscode/text/18/112. Consultation date: 15/07/2023.

3. ASSAULTING A POLICE OFFICER. 2023. Armstrong Legal. Available online. In: https://www.armstronglegal.com.au/criminal-law/nsw/offences/assaulting-police-officer/. Consultation date: 15/07/2023.

4. BIERIE, David. 2017. “Assault of Police” In: Crime & Delinquency. Vol. 63, No. 8, pp. 899-925.

5. BOROVYK, Andrii. 2022. A specific object of criminal offenses against representatives of the authorities. Actual problems of domestic jurisprudence. Available online. In: https://doi.org/10.32782/392260. Consultation date: 15/07/2023.