CAUSE OF HARM DURING THE DETENTION OF A PERSON WHO COMMITTED A CRIME: MODERNIZATION OF LEGISLATION AND THE PRACTICE OF ITS APPLICATION

Agafonov Victor Vladimirovich

The article reveals the shortcomings of the criminal legislation and the act of interpretation that regulate public relations in the field of causing lesion during the detention of a person who has committed an act presumed by the criminal law. The author suggests ways to improve the legislation regarding the lawful infliliction of detriment in apprehension of a person who has offended against the law.

Keywords:causation of injury during detention of a person having committed an offence, necessary defence, an aspect eliminating the maleficence of an action, the aims of detriment, investigative and judicial practice