Admissible Risks in Criminal Law

Abstract

The specifics of criminal liability for acts involving causing harm as a result of lawful hazardous activities are not regulated in Russian criminal law. There is no uniform solution to these issues in legal theory and jurisprudence. Mens rea under such circumstances is not a satisfactory criterion for distinguishing lawful activity from a crime. The rule on necessity (duress of circumstances) does not solve the problem. The rule on justified risk provided for by the Criminal Code of the Russian Federation does not reflect legal reality. In the law of foreign countries, this problem is solved through a detailed definition of elements of a crime associated with dangerous activities, doctrinal justification of objective imputability, and introducing an ethical assessment when establishing a causal relationship. In Russian law, this problem is significant for legal practice; it has not been resolved and requires a solution.