Subject of Escape from Places of Detention: Characteristics and Ways to Improve Normative Regulation
Year: 2024
Type: article
Abstract: The subject of a crime, as an element of the crime’s corpus delicti, is essential for the prosecution of an indi-vidual under criminal law, without which the imposition of criminal liability becomes impossible. At the same time, in relation to compositions with a special subject, the establishment of its legal features acquires special significance. This is fully applicable to the composition of escape from a place of detention, from arrest, or from custody. The aim of this study is to identify the specifically legal features of the subject involved in the composi-tion of escape. Using monographic and technical-legal methods, as well as logical-legal interpretation, this article analyzes the content of the aforementioned element of the escape composition. Based on a systematic analysis of the provisions of the Criminal Code of the Russian Federation (CC RF), the Penal Enforcement Code of the Russian Federation (PEC RF), the Criminal Procedure Code of the Russian Federation (CPC RF), and the Federal Law “On the Detention of Suspects and Accused Persons of Committing Crimes”, the article elucidates the legal characteristics of the subject of the crime in question. The author examines the primary approaches taken by theorists of criminal law and established judicial practices regarding the identification of individuals subject to liability for the act of escape. Additionally, the article discusses theoretical issues related to the regulation of the legal characteristics of the escape subject and offers proposals for improving the current editions of Articles 20 and 313 of the CC RF. Ultimately, this study contributes to the ongoing discourse on the definitions and implications surrounding the legal framework governing the subject of escape from places of detention.
Author: Igor O. Romas
Language: English
Topic: Criminal Law and Policy
Subfield: Sociology and Political Science
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4405281852