Dorogin, D.A. Circumstances excluding criminal responsibility for the crimes committed by the officials

Abstract: The article is devoted to the circumstances excluding criminal responsibility for the crimes committed by the officials. The author offers to divide the encroachments by officials into groups. In the article there presented analysis of the situation, when criminal responsibility for these acts is not possible. Such situations include the situation when the true status of a subject of crime does not meet the requirements for certain elements of an official, that is why there is no complete set of elements for such a crime, which may only be committed by a special subject. Also, the circumstances excluding criminal responsibility may include acts according to an order, emergency, use of physical force, arms and special means, parliamentary indemnity, provocation for committing a crime. The author formulates the differences in the legal nature of parliamentary indemnity and immunity for the purposes of excluding criminal responsibility. Due to the latter, the author especially distinguishes the legal positions of the European Court of Human Rights. The author analyzes the current judicial practice on the issues, offering the solutions for some legal problems.

Keywords: