REGULATION OF THE CRIMINAL-LAW PROTECTION OF A “YOUNG CHILD” AND A “PERSON IN A HELPLESS CONDITION” IN THE LEGISLATION OF FOREIGN COUNTRIES

Abstract

This thesis analyzes the issues of criminal-law protection of a “young child” and a “person in a helpless condition” in the criminal legislation of foreign countries from a comparative legal perspective. In particular, it examines international legal standards and the criminal legislation of Germany, France, the United Kingdom, Canada, the United States and Russia concerning the aggravation of liability for crimes committed against minors, young children, persons unable to protect themselves due to their physical or mental condition, as well as victims who are vulnerable because of disability, illness, age or other circumstances. As a result of the study, it is substantiated that three main approaches have been developed in foreign countries for the protection of this category of persons: establishing a special corpus delicti, recognizing such circumstances as aggravating liability, and treating the victim’s consent as having no legal significance.