Criminal Aspects of Minor Significance of an Act
DOI:
https://doi.org/10.48614/jlaw.2.2020.215-229Keywords:
Crime, Act, Harm, Minor Significance.Abstract
Legislation of Georgia does not provide for the definition of minor significance of an act and neither establishes the criteria of its assessment that gives the opportunity of the broad interpretation and in each concrete case the decision of the issue of the criminal punishability of the act significantly becomes depending on the individual assessment of the adjudicator. It can be said that the 2nd part of the 7th article of the criminal code of Georgia does not appertain to that part of the criminal norms which with a proper precision are defined by the judicial practice. On the assumption of the norm content, the bounds of assessment are so broad, that, during decision of the issue of the criminal punishability of one and the same act, it is possible different courts come to different conclusions. The mentioned more presents the necessity of the legal analysis of the norm.
In this thesis are analyzed the essence of the 2nd part of the 7th article of the criminal code of Georgia, its central objective and purpose, legal consequences of its application, is presented the influence of harm/danger of harm caused by the act upon application of the mentioned norm. Are also examined the circumstances to be taken into consideration during definition of minor significance of the act, that to some extent reduces equivocation of the concept.
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