Open AccessFORMATION (ORIGIN) INTENTIONS AS PART OF THE CRIME
Author(s) -
O. B. Kapustin
Publication year - 2020
Publication title -
aktualʹnì problemi vìtčiznânoï ûrisprudencìï
Language(s) - English
Resource type - Journals
eISSN - 2664-6226
pISSN - 2408-9257
DOI - 10.15421/3919113
Subject(s) - outrage , relevance (law) , criminology , political science , law , law enforcement , doctrine , criminal law , novelty , criminal code , psychology , social psychology , politics
The purpose of the article is the scientific consideration and legal analysis of intent as a part of a crime. Intent is a legal category known in law. According to the Criminal Code of Ukraine, an act committed with direct intent or indirect intent is recognized as a crime committed intentionally.It is known that vast majority of crimes stipulated by the criminal law is premeditated crimes. The vast majority of crimes committed in real life is also premeditated crimes. Premeditated crimes are the most dangerous crimes, and because of this, most attention of law enforcement officers is focused on them, causing the greatest public outrage. Relevance of the topic: Analysis of the latest research and publications.In spite of this, in my opinion, the matter of intent is not quite largely highlighted in the domestic scientific literature.For the past 25 years, there has been virtually no domestic research at the dissertation and monograph levels devoted to study of the intent. There are only fragmentary references to this notion in cases of exploring different topics. A similar situation is typical for scientific articles. Therefore, specific coverage of this issue is a gap in modern science and has scientific novelty. This article is intended to fill this gap.The article deepens the doctrine of intent as a part of a crime. It is stated in the article that the overwhelming majority of crimes, stipulated by the rules of criminal law, are premeditated crimes. It is noted that the initial stage of the crime is formation of intent, which, at the initial stage often does not have any external manifestation. It is established in the article that the formation of intent and its detection in the obligatory presence of at least one of the following stages in development of criminal activity should be attributed to the non-punishable stages of development of the crime. This article does not cover all legislative and legal aspects of the intent.The prospect of further research is, in particular, the problem of adequate legislative reflection of the danger of intent. I consider it necessary to continue research in the field of the moment of intent.