Question

Укажіть вид правопорушення, що допускає відсутність вини як обов'язок його ознаки

Answer 1

Коли людина під дією алкогольних або наркотичних речовин так сказать "в состояние ефекта "

Answer 2

Understanding the Concept of "Відсутність вини" (Lack of Guilt) in Legal Terms

In legal terms, "відсутність вини" (lack of guilt) refers to a situation where a person commits an act that constitutes a violation of the law, but does so without the necessary mental state or intent to commit the offense. This concept is crucial in determining the culpability of an individual for a particular offense.

Types of Offenses that Allow for "Відсутність вини"

Strict Liability Offenses: Strict liability offenses are those in which the prosecution does not need to prove the defendant's intent, knowledge, or state of mind regarding the actus reus (the physical act of the crime). In such cases, the absence of guilt can be a defense if the accused can demonstrate that they were not aware of or did not intend to commit the offense.

Involuntary Acts: In some cases, an individual may commit an act that constitutes an offense without any voluntary control over the action. This can occur due to factors such as automatism, reflex actions, or involuntary intoxication, where the individual is not consciously in control of their actions.

Examples of Offenses Allowing for "Відсутність вини"

Traffic Violations: In certain jurisdictions, traffic offenses such as speeding or parking violations may be considered strict liability offenses. If a driver can demonstrate that they were not aware of the speed limit or parking restrictions in a particular area, they may argue "відсутність вини" as a defense.

Regulatory Offenses: Certain regulatory offenses, such as violations of environmental or occupational health and safety regulations, may also be categorized as strict liability offenses. In such cases, the lack of awareness or intent to violate the regulations can be used to assert "відсутність вини."

Public Order Offenses: Offenses related to public order, such as public intoxication or disorderly conduct, may also allow for the defense of "відсутність вини" if the accused can demonstrate that their actions were involuntary or unintentional.

Conclusion

In summary, "відсутність вини" (lack of guilt) can serve as a defense in cases where the accused can show that they lacked the necessary mental state or intent required to commit the offense. This concept is particularly relevant in strict liability offenses and cases involving involuntary acts.