CRIMINAL RESPONSIBILITY FOR CARE AND CARE
On the Consultant’s online consultation portal, the user raised questions about criminal liability for wearing knuckles. In addition, the user is interested in what characteristics of caskets are relevant for such liability and is there criminal liability for their storage in Ukraine?
With the help of the analysis of the legislation on the above-mentioned issue, the following conclusions can be drawn. Criminal liability related to the illegal handling of weapons provided for in Art. 263 of the Criminal Code of Ukraine. Part two of the article cites a number of actions that cannot be done with a cold weapon, such as daggers, Finnish knives, knuckles, and more. The following prohibited activities include: wearing, manufacturing, repairing and selling. This list of actions is exhaustive, so we can conclude that criminal responsibility does not come for the storage of specified items related to cold weapons, including the storage of caskets.
It is worth noting that criminal responsibility for these acts, which are the subject of caste, does not come for all caste. In order to criminalize carrying a knuckle, it must comply with certain features (characteristics) and belong to a cold weapon. The belonging of an item to a cold weapon is determined by the Methodology of Forensic Investigation of Cold Weapons and Structurally Similar Products. The document states that the item belongs to a cold weapon in the event that it simultaneously has two features: the purpose of the object should be aimed at hitting the target and the object should be suitable for repeated (repeated) damage.
The purpose of the object, which should be aimed at hitting the target, in the Methodology states that such purpose is inherent to a certain object, if it possesses in aggregate two features:
- the first feature is the presence of elements or parts of a particular type, shape and size;
- the second is a way of connecting such elements with each other.
Regarding the suitability of a certain object as a mandatory feature of a cold weapon, the Methodology states that it is determined by the availability of technical security of both the individual elements and the structure as a whole, as well as by the sufficiency of its striking properties.
Regarding knuckles, the following is stated:
simple impact crushers (such as knuckles) must be made of materials that provide repeated (repeated) use without damaging or destroying such items. That is, if the knuckle can be used repeatedly, it belongs to a cold weapon.
In case of doubt as to whether an item is a weapon, it is possible to carry out an examination of that item with the involvement of appropriate services.
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Author: Natalia Titovich