Features of legal liability of individuals involved in forgery of banknotes in international law
This article reveals the basic content of international law under theresponsibility of individuals for counterfeiting, the specifics of its application, and the prospects for improving the legislation. The principleof personal liability of individuals is given. Preventive value of international law in combating crime depends on the joint efforts ofstates in the elaboration of measures to bring individuals to international criminal liability. International crimes are committed by people,not by abstract entities, and only by punishing individuals who committed them, the instructions of international law can be observed.Consequently, along with the responsibility of the state the principle of personal responsibility of individuals is recognized. Thesubjects of the crime, along with the states, are individuals who are also responsible. This is a correct and fair position, as the state involvedin counterfeiting always acts through its officers. Thus, the crime is committed as a result of actions or omissions of individuals.The article presents the delimitation of personal criminal responsibility of individuals for counterfeiting individual criminal responsibilityunder state counterfeiting. Since the problem of punishment of individuals for counterfeiting is quite complex, national legislationsshould develop penal provisions, which would reflect the relevant international legal norms and should allow punishment of offenders.In this connection it is expedient to establish the same penalties for similar crimes under international regulations in different states. Thearticle discusses the possibility of signing agreements between states of a partial harmonization of national criminal laws, including inthe area of penalties for counterfeiting. This would create a legal framework, which other states could join. In imposing sentence, all thecircumstances are to be considered: the severity of the danger of this crime for interstate relations, damage, etc. If in this regard to considernot only mitigating, but also aggravating circumstances, we should say that the list of circumstances existing in national law is notalways sufficient to assess the crimes and criminals, as well as to sentence them properly.
Keywords
государство, международное право, ответственность, подделка денежных знаков и ценных бумаг, state, responsibility, forgery of banknotesAuthors
Name | Organization | |
Titov Mikhail S. | Tomsk State University | urfaktsu@ rambler.ru |
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