Causation in criminal law in the concept of scholar Vladimir Nikolaevich Kudryavtsev (on the occasion of the centenary of his birth)
Автор: Ulitin I.N., Shkapertina K.I.
Журнал: Теория и практика общественного развития @teoria-practica
Рубрика: Право
Статья в выпуске: 7, 2023 года.
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The article based on the analysis of some works by V.N. Kudryavtsev considers the provisions of the theory of causality in criminal law and aspects of causation as constituent element of offence. The evolution of the scientist's views on some problems of the concept of causality is studied. A fair criticism of the theory of necessary condition is presented, including on the basis of legal and philosophical concepts, and the position of supporters of the exclusion of randomness from causation is examined. It is emphasized that while a reasonable and justified criticism of the theory of necessary condition is still not resolved the question of the limits of randomness, the meaning and correlation of causal and functional relationships. The positive aspects of theoretical views of V.N. Kudryavtsev distinguishes and describes the characteristic features of his own reflections concerning the establishment of causal connection in criminal omission.
Causation, functional connection, randomness in criminal law, guilt, necessary condition, causation by omission
Короткий адрес: https://sciup.org/149143937
IDR: 149143937 | DOI: 10.24158/tipor.2023.7.37