Differentiation of criminal responsibility for crimes against the person by constructing privileged elements of crimes

Бесплатный доступ

The article examines the problem of differentiation of criminal liability for crimes against the person committed under mitigating circumstances. The author draws attention to the construction of seven such elements of crimes contained in the current version of the Criminal Code of the Russian Federation, and examines the issue of their social conditionality. According to the results of the analysis are presented in the scientific literature points of view on this issue, and the results of the author’s research concluded that the problem of preferred compounds should be considered not only (and perhaps not so much) under the theme of differentiation of criminal responsibility, as in the General context of the criminalization of socially dangerous acts and execute the criminal laws of the warning task. It is proved that the minimum of criminal public danger of acts of a certain type is established in the process of criminalization, and at the level of the main corpus delicti.

Еще

Differentiation of responsibility, privileged composition, attribute of crime, criminalization, legal means, criminal-legal reaction, danger of crime, crimes against the person, classification, systematization

Короткий адрес: https://sciup.org/142229282

IDR: 142229282   |   DOI: 10.17513/vaael.1621

Статья научная