Annotation

The presented article examines the legal and conceptual essence of the concept of "a person who has committed a crime", as well as its significance for determining the lawful infliction of harm during the detention of a person who has committed a crime. This topic is complicated by the lack of clear regulatory regulations, which causes active discussions among experts in the field of criminal law. At the same time, a correct understanding of the concept of "a person who has committed a crime" plays a key role, since the basis for the lawful implementation of the detention procedure is the presence of such a person. The special complexity of this term lies in the fact that it contains another concept in its structure – "crime". In this regard, the person carrying out the detention is charged with the need to establish all the signs of a crime in the shortest possible period of time in conditions of increased stress. In essence, the term "a person who has committed a crime" states the fact of committing a socially dangerous act, based on the external signs of such an act. The purpose of this approach is to make the meaning of the terms used understandable to ordinary people who do not have knowledge in the field of jurisprudence. Age and state of insanity do not affect the legality of causing harm when detaining a person who has committed a crime. The combined use of the words "person" and "crime" is necessary in this case to focus attention not on the subject of the crime, but on the individual who committed it.