Characteristic of a public dangerous action as a phenomenon of objective reality and its influence on the simulation of the crime composition

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Introduction: in the presented article, a socially dangerous act committed in reality is considered as a prototype of the future composition of a crime. In particular, the author shows the signs of such an act, which are important for modeling the corpus delicti in the norms of the Special Part of the Criminal Code of the Russian Federation. Special attention is paid to the problems of classifying the external expression of forms of behavior. The findings are confirmed by the analyzed materials of judicial practice. Materials and methods: the normative basis of the research is formed by the Constitution of the Russian Federation and criminal legislation. The methodological basis of the research was the general dialectical method of cognition of social and legal phenomena, general scientific research methods (analysis and synthesis, deduction and induction, systemic and structural, and others). In addition, private scientific methods of cognition were used - logical-formal and system analysis. The results of the study: allowed to present a comprehensive study of a socially dangerous act and demonstrate the importance of its characteristics for the construction of a criminal law. Findings and Conclusions: the analyzed signs of a socially dangerous act made it possible to develop rules for reflecting behavior in the norms of the Special Part of the Criminal Code of the Russian Federation.

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Socially dangerous act, corpus delicti, modeling corpus delicti

Короткий адрес: https://sciup.org/143177985

IDR: 143177985   |   DOI: 10.24412/2312-3184-2021-4-62-69

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