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Current Issues of Criminal Liability for Crimes Against Life and Health

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Sakharuk Anatolii
Sakharuk Anatolii
Lawyer
Ukraine / Kyiv

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Publication date: 06.06.2024

Current Issues of Criminal Liability for Crimes Against Life and Health

 

Introduction

Crimes against life and health are among the most serious offenses that cause a significant public outcry and require an effective legal response. Liability for such crimes is regulated by the relevant articles of the Criminal Code of Ukraine. However, modern challenges require continuous improvement of legislation and its application. In this article, we will consider the current issues of criminal liability for crimes against life and health.

 

Key Issues and Challenges

 

Variety of Crimes

  • Types of crimes: Crimes against life and health include murder, intentional grievous bodily harm, negligent homicide, battery, torture and other offenses. Each of these types of crimes has its own characteristics and requires a specific approach to criminal prosecution.
  • Qualification of actions: Determining the correct corpus delicti and its qualification is often difficult due to the complexity of proving intent, recklessness or other circumstances.

 

Problems of Evidence

  • Collection of evidence: Effective investigations of crimes against life and health require a high level of professionalism and technical support to collect and analyze evidence.
  • Forensic medical examination: Forensic medical examinations play an important role and can be crucial in determining the cause of death or the nature of injuries. Problems with the quality and objectivity of the examination can affect the outcome of the case.

 

Protection of Victims' Rights

  • Psychological support: Victims of crimes against life and health need not only legal but also psychological protection and support.
  • Compensation for damage: Ensuring adequate compensation for moral and material damage suffered by victims is an important aspect of restoring justice.

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New Approaches and Reforms

 

Legislative Changes

  • Update the Criminal Code: Amendments to the Criminal Code of Ukraine to more clearly define the elements of crimes, their qualification and increase liability for particularly serious crimes.
  • Integration of international experience: Taking into account international standards and practices in the field of human rights protection and combating crimes against life and health.

 

Improving Investigation Practices

  • Use of the latest technologies: Active use of modern technologies, such as DNA analysis, digital forensics and other methods that increase the effectiveness of investigations.
  • Professional development of investigators: Regular trainings and educational programs for investigators and other law enforcement officers to improve their competence in investigating crimes against life and health.

 

Protection of Victims' Rights

  • Support programs: Implementation of psychological and social support programs for victims to help them overcome the consequences of the crime.
  • Financial assistance: Providing financial assistance to victims to cover the costs of medical treatment and rehabilitation.
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