|
|
 |
to
content of issue |
|
Title |
A decision of moment of completion of driving away
in judicial practice |
|
Authors |
Gorbatova Marina Anatolievna, candidate of legal
sciences, associate professor, associate professor
of department of criminal law, criminology and
criminalexecutive law for the faculty of law of the
South-Ural state university. Bld. 149, Kommuny Str.,
Chelyabinsk, 454080. E-mail: gorbatovam@mail.ru |
|
Section |
Criminal legal
doctrine |
|
Issue |
6/2015 |
Page |
196-200 |
index UDC |
343.71 |
index LBC |
|
|
Abstract |
In the article a question decides about the moment
of completion of illegal pernancy a car or another
transport vehicle without the aim of theft. An
author investigated position of Supreme Court of
Russian FEDERATION on this question, and also
judicial practice in matters about driving away. As
a result of the conducted analysis drawn conclusion
that driving away of transport vehicle it is
necessary to acknowledge finish in the moment of
beginning of his moving without depending on reason
of motion. Thus distance on that a transport vehicle
was moved must not influence on the estimation of
driving away as a finish crime. Encroaching upon
driving away takes place in that case, when the
guilty was not able to begin motion of transport
vehicle. |
|
Keywords |
criminal responsibility, misappropriation, transport
vehicle, moment of completion of crime, driving away,
encroaching upon driving away. |
|
 |
You can access full text version of
the article |
|
|
to
content of issue |
|
