INFLICTION OF HARM IN CASE OF DETAINING A PERSON WHO COMMITTED A CRIME: THE ALGORITHM OF QUALIFICATION

Abstract

Apart from the qualification of crimes, other criminal acts, to which acts committed
under the circumstances that exclude their criminal nature apply, are subject to legal
appraisal. The paper deals with the concept of qualification of lawful infliction of harm
while detaining a person who committed a crime. In particular, a labelling process under
the circumstances of causing harm in the process of detaining the person who committed
the crime means the establishment of a correspondence between specific features of
performed acts and specific features of the act structure (lawful harm) committed in
case of infliction of harm in the process of detaining of a person who committed a
crime. The article suggests the algorithm of qualification of lawful infliction of harm
when detaining a person who committed a crime. Under the algorithm of the qualification
of harm in the process of detaining a person who committed a crime, the authors
offer to understand a sequence of actions on the establishment of a correspondence between
the characteristics of an actual criminal act and the characteristics of a relevant
structure of lawful harm. When establishing this correspondence, law enforcement officials
often make mistakes. The most common of them are listed in the article.