RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE RUSSIAN FEDERATION

of September 27, 2012 No. 19

About application by courts of the legislation on justifiable defense and damnification during detention of person who committed crime

Ensuring protection of the personality, society and state from socially dangerous encroachments is important function of the state. For its realization the Criminal Code of the Russian Federation not only determines what acts are recognized crimes, but also establishes the bases for recognition lawful damnification to persons encroaching on the social values protected by the penal statute. In particular, justifiable defense (article 37 Criminal Code of the Russian Federation) and detention of person who committed crime (article 38 Criminal Code of the Russian Federation) belong to such bases.

The criminal precept of law about justifiable defense, being one of sales warranties of the constitutional regulations that everyone has the right to protect the rights and freedoms by all methods which are not prohibited by the law (part 2 of article 45 of the Constitution of the Russian Federation) provides protection of the personality and it is right defending, other persons, and also protection of the interests of society or state protected by the law against socially dangerous encroachment.

Detention of person who committed crime for the purpose of its delivery in authorities acts as one of means of ensuring of inevitability of criminal liability and suppression of making of new crimes by it.

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