Noziedzīga nodarījuma – vajāšana – sastāva raksturojums

Translated title of the contribution: Characteristics of the Constituent Elements of aCriminal Offence –Persecution

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    Abstract

    From January 1, 2018, amendments to the Criminal Law, which provide criminal liability for
    the persecution of a person, came into force in Latvia. The constituent elements of persecution are
    defined as a specific form of violence.
    The aim of the paper is to describe the constituent elements of persecution based on the theory
    and practice of criminal law. During the study, the author provides a framework of the criminal law
    theory and outlines the elements of the persecution. The object of the study is the criminal relations,
    which arise from the persecution of another person. The subject of the study is the criminal legal
    framework to be followed for the determination of criminal liability.
    The following legal interpretation methods and approaches have been used in the study:
    grammatical, systematic, teleological, and historical, as well as analytical method for analysing
    doctrine and practice of criminal law. Doctrines of criminal law, national legislation, and the sources
    of legal literature relevant to the aim of the paper have been in the study, too.
    The analysis carried out leads to the conclusion that persecution covers a wide range of sociopsychological behaviour that manifests in the sacrifice’s victimization and specific harm caused to
    him/her. Persecution is an active illegal, threatening activity in the form of repeated or lasting
    tracking, surveillance of another person, expressing threats or unsolicited communication with such
    a person, if victim have had reasonable grounds to fear for their safety or the safety of their relatives
    Translated title of the contributionCharacteristics of the Constituent Elements of aCriminal Offence –Persecution
    Original languageLatvian
    Pages (from-to)5-15
    Number of pages10
    JournalAdministratīvā un Kriminālā Justīcija
    Volume90/91
    Issue number1/2
    DOIs
    Publication statusPublished - 2021

    Keywords*

    • criminal liability
    • persecution
    • activity
    • criminal offence
    • constituent elements of a criminal offence

    Field of Science*

    • 5.5 Law

    Publication Type*

    • 6. Other publications

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