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Abstract
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This article raises questions concerning committer of crimes against sexual freedom and sexual inviolability. This study is important for the theory of criminal law and enforcement practices are complex and needs further study.
To find out the perpetrator of crime on this question, the author resorts to the analysis of the legal, philosophical, medical and psychological literature, defines the basic theoretical and methodological problems of the teaching of the committer of crime in the science of criminal law. In own search the author refers to the methodology of knowledge. Based on the above, the author notes that the formation of a number of methodological foundations of teaching on the committer of crime is related to theories and legal views of Kant, Hegel, Feuerbach, Fichte and other scholars of law, which has a great influence on the development of legal thought in Ukraine. The author refers to analysis of these views. Further, the author refers to the consideration of issues of sanity and insanity of the perpetrator.
Based on the above, and on the basis of conducted research designated group of crimes author offers his definition of the committer of crimes against sexual freedom and sexual integrity. These author says: 1) on the basis of the research of article 152 of the Criminal Code the committer of this crime is a physical sane person - common subject (citizen of Ukraine, stateless person, citizen of a foreign state), which turned to the time of committed the crime 14-years old, the performer is a person of the opposite sex to the victim, as an exception, which is not considered the opposite sex is a committer that makes mediocre execution; 2) on the basis of the research of article 153 of the Criminal Code the committer of this crime is a physical sane person (citizen of Ukraine, stateless person, citizen of a foreign country), which at the time of commission of the offense was 14-years old (male or female, depending on the nature of the committed action - with sodomy - this is a male, with lesbianism - this is a female, but in other cases may be as a woman and a man) 3) on the basis of the research of article 154 of the Criminal Code the committer of this crime is an physical sane person, male or female (Ukrainian citizen, stateless person, citizen of a foreign country), which at the time of commission of the offense was 16-years old, a special subject - the person from whom a victim was material or official dependent; 4) on the basis of the research of part 1 of article 155 of the Criminal Code the offender is a physical sane person, male or female, is the opposite sex of the victim ( Ukrainian citizen, stateless person, citizen of a foreign country), which at the time of commission of the offense was 16-years old. But the committer of the offense under Part 2 of this article, as the author points out, is father, mother, stepfather, stepmother, guardian or custodian, the person which is responsible for the victim's upbringing or care about it - a special committer; 5) on the basis of the research of part 1 of article 156 of the Criminal Code the offender is a physical sane person (citizen of Ukraine, a stateless person, a citizen of a foreign country), which at the time of commission of the offense was 16-years old (male or female) the same sex with injured person, and the opposite sex . By part 2 of this Article the offender is special, that is, a person (citizen of Ukraine, stateless person, citizen of a foreign country), who turned to crime 16-years old, it may be father, mother, stepfather, stepmother, guardian or trustee, the person who is responsible for bringing up the victim or care about it.
Keywords: Committer of crime; Sexual freedom; Sexual inviolability; Rape; Forcible pleasure; Sexual passion; Unnatural way; Sexual connexion; Sexual intercourse; Sexual maturity |