Что лучше применить закон или справедливость?
There is a methodology for teaching a lesson at school. But what prevents a teacher from making the material easier for the class to absorb? The collision here is precisely between rules and humanity.
Do students have the right to a teacher's fair approach to teaching? And what is fairness, anyway?
Does law begin with justice? Does legislation begin with rules? Or does law begin with justice, while legislation begins with rules?
Remember Titanic. Jack says something, and Rose smirks at his remark: “Will you show me later how to write that?”
What should a teacher choose, in the interests of fairness: rules that communicate nothing to 80% of the class, or immediate memorization for writing and listening, when eight students, using a card-based system, each have the experience of coming to the board one after another and making three mistakes, and by the fourth or fifth student the entire class has memorized three new pieces of information and the students spontaneously pronounce the correct answer together with the student currently answering at the board?
And, most importantly, the teacher does not even need to grade each student individually: does the method itself not demonstrate whether each student has arrived at the correct answer?
“He deliberately followed the victim, but killed him unintentionally.” — The court's conclusions.
Click.
We now turn to the crime report.
Listen to the news about judicial logic. Today, as yesterday, only the circumstances change. The conclusions never do.
A man was killed inside a bank. The perpetrators approached him, abruptly turned him around, struck him once, and the victim died on the spot.
The court's conclusion: the perpetrator did not foresee such consequences; there was no unlawful deprivation of liberty; the victim could have walked away.
Seriously? The victim could have walked away while he was dying?
Click.
The news continues.
The articles of the Criminal Code change, the names change, the cities change. The only thing that never changes is the feeling that common sense has been declared an optional witness in court.
Imagine a criminal case in which the victim managed to get away while the crime against her was being committed: during an attempted rape, a woman, in a state of extreme emotional distress, struck the attacker with a decanter until she smashed his head to pieces.
The court's conclusion: the victim committed an unintentional killing in a state of emotional distress. The victim could have left during the crime; therefore, there was no deprivation of liberty.
Wait, I'm confused already. Is the “victim” the attacker, who could have left and whose freedom was not restricted? Or was the freedom of the actual victim, who managed to escape and thereby stop the attempted rape, supposedly not restricted?
Click.
Cultural channel.
Today's program: an analysis of cinema from the perspective of legal absurdity.
Let us mention another kind of crime in which the victim could have left — theft. The victim was subjected to secret theft, so the victim could have walked away.
Wait again. If you deprive a person of their property, haven't you restricted their freedom?
… So, where did we begin?
A person is killed inside a bank. The court reasons from the logic of the relevant provision that the perpetrator did not foresee the consequences … therefore, it was an unintentional killing.
And there was no deprivation of liberty?
So someone blocks a person's path, abruptly turns him around, pulls him out of a queue, and delivers a fatal blow.
Seriously? There was no unlawful restriction of the victim's freedom when someone's plans inside a bank were disrupted and the person was killed?
And when property is secretly stolen, while the thief pretends that he merely accidentally knocked the person over, there is supposedly no unlawful restriction of freedom either?
Not to mention that simply depriving someone of their property in the course of a theft — or committing any other criminal act against them — interferes with that person's freedom of action.
But in the case of the man killed inside the bank, the perpetrator had been following the victim for two days, and the court nevertheless decides that there was neither a restriction of liberty nor an intentional killing?
Click.
Next channel.
Here they are once again discussing not the crime itself, but how free the victim supposedly felt at the moment when that freedom was being taken away.
In a case involving an attempted rape, a police officer prevents the attacker from completing the act and says:
“Ma'am, you're in shock. Calm down.”
And yet the court cannot understand why the rape victim became so distressed, because there was supposedly no restriction of her freedom. She could have left.
The victim's clothes are being torn during the attempted rape, yet the court finds no unlawful restriction of liberty because she could have walked away.
Let us move from the scene in RoboCop to another quotation, this time from the film Stockholm: Requiem:
“If you treat a person unjustly once, they will spend decades looking for an opportunity to take revenge.”
By the way, under this approach to criminal qualification, the Terminator did not restrict Sarah Connor's freedom either.
T-800 simply followed her everywhere. He had no intention of beating her; he could have killed her with a single blow. And, in general, Sarah Connor could have left.
Or rather, she could supposedly have escaped on numerous occasions while he was attempting to kill her. I don't even know how to put it.
In the Krasnoyarsk region, children at a summer sports camp were forcibly undressed and pornographic material was produced involving them. The parents silently began taking their children out of the camp.
The prosecutor's office and the court apparently reached the usual conclusion: the victims' freedom had not been restricted; the victims could have left at the moment the crimes were being committed.
And then the perpetrators sexually abused a child.
Yet the prosecution and the court, having read in the case materials that “the victim was turned face down and covered with a pillow,” nevertheless decided to reach the same conclusion: the victims' freedom had not been restricted because they could have left at the moment of the crime.
Let's open a criminal case for negligence.
The father of the rapists insults the victim?
Send the rapists to competitions.
Here is another routine official refusal from the police concerning threats to life and health as an independent offense, characterized by the victim's subjective apprehension for their own life, the lives of their relatives, or the safety of their property.
For example, consider the director of the film The Last Bogatyr ...
The official police response in the refusal-to-open-a-criminal-case materials: “He did not proceed to active actions.”
For example, he did not proceed to active actions, despite being a Nazi.
The Nazi's logic is as follows:
A Russian war veteran cannot have Greek, Ukrainian, or Georgian grandchildren. His grandchildren can only be Russian.
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