A Criminal Law Evaluation of Causing Damage as a Result of Detention of a Person Mistaken for a Criminal

This article examines the features of the subjective perception of a person who causes harm to the detention of another person in cases when the person did not commit a crime or was committed not a crime, but another not socially dangerous act. Studying this issue, it is noted that currently there is no such thing as “imaginary detention” in the legislation. In addition, there are no criminal law norms regulating the criteria for evaluating the actions of a person who caused harm to another person as a result of his detention in the case when not a crime was committed, but another non-socially dangerous act and in the case when the person did not commit a crime. The analysis of the explanations of the Plenum of the Supreme Court of the Russian Federation regarding the alleged detention is carried out, on the basis of which the conclusion is made about the weak effectiveness of this approach, which in turn affects the investigative and judicial practice. The list of foreign countries of the Republic of Belarus and the Republic of Armenia is given. Based on the conducted research, the author concludes that it is necessary to amend the Criminal Code of the Russian Federation in terms of the legal regulation of imaginary detention.