Advisability for criminalization of socially dangerous acts against journalists

Abstract

In March 2015 the Verkhovna Rada of Ukraine adopted a number of regulations which criminalize attacks on journalists. The Criminal Code was supplemented with a number of specific offenses, which provides criminal penalties for such offenses, threats or violence against a journalist (article 345-1), intentional destruction or damage to property of a journalist (article 347-1), attempt on the life of a journalist (article 348-1 ), capturing the journalist as a hostage (Article 349-1).

The question about justified of criminalizing encroachment on the lives of journalists was researched in this article. The analysis of scientific views about criminalization of criminal acts and comparing them with the introduction Art. 348-1 in the Criminal Code of Ukraine was carried through.

Criminalization is the process of identifying socially dangerous types of human behavior, recognition at the state level necessary possibilities and feasibility of criminal law to combat them and fixing them in the law on criminal liability as crimes. There are different opinions about criminalize attacks on journalists, but they aren’t important. Art. 348-1 only burdens the Criminal Code of Ukraine, justified it gives for journalists special status of the subject of the victim. I propose to decriminalize this article. Decriminalization is a process of recognition at the state level loss criminalized the act of public danger, no need to further combat it with the Criminal Code of Ukraine and exclusion rules to punish its commission, with the current law on criminal responsibility.