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SELF-INCRIMINATION: CONCEPT, QUALIFICATION, CONSEQUENCES

Kashapov Radik Minivaleevich  (Candidate of Legal Sciences, Associate Professor Head of Research Department Federal State Treasury Educational Institution of Higher Education "St. Petersburg Academy" Investigative Committee of the Russian Federation" )

The article analyzes the legal nature of one of the debatable issues of theory and law enforcement - self-incrimination and its concept, qualification, legal consequences. The relevance of this study is due to the lack of criminal liability for self-incrimination, as well as the discussion existing in the theory of criminal law regarding the qualification of the actions of a person who committed self-incrimination. The subject of the study is a range of theoretical problems related to the study of self-incrimination as a negative behavior of a person who opposes the disclosure and investigation of crimes and thereby impedes the administration of justice, the establishment of the truth during the investigation and further consideration of the criminal case in court. The purpose of the work is to obtain new knowledge that contributes to the further development of the doctrine of the legal nature of self-incrimination, its concept, qualification, and consequences. The study is based on general scientific (system-structural, formal-logical) and special-legal methods of cognition. The content of the work is the results of a study of the legal nature of self-incrimination in the aspect of counteracting the disclosure and investigation of a crime. Scientific novelty is the concept of self-incrimination formulated by the author.

Keywords:self-incrimination, knowingly false denunciation, the accused, concealment of crimes, slander, justice, qualification of crimes, giving knowingly false testimony

 

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Citation link:
Kashapov R. M. SELF-INCRIMINATION: CONCEPT, QUALIFICATION, CONSEQUENCES // Современная наука: актуальные проблемы теории и практики. Серия: ЭКОНОМИКА и ПРАВО. -2023. -№10. -С. 117-121 DOI 10.37882/2223-2974.2023.10.13
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