Classification of the elements of the corpus delicti and its role in the qualification

Бесплатный доступ

The article classifies the signs of the corpus delicti from the point of view of the general composition, by functional significance, by the degree of immutability in the text of the criminal law. It is noted that qualifying signs should be imputed to the defendant only if he was aware of their presence in his act, the exception is specified in relation to crimes with a double form of guilt. Relevant examples are given. According to the author, the classifications considered make it possible to better understand the content of the signs of the corpus delicti, make the qualification of the deed and the application of the criminal law correct and fair.

Еще

Corpus delicti, qualification, general composition, optional attribute, qualifying attribute, classification

Короткий адрес: https://sciup.org/170199076

IDR: 170199076   |   DOI: 10.24412/2500-1000-2023-4-1-131-133

Статья научная