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The Consequences of Attitude of an Individual to the Committed Crime in Law
Author(s) -
Artem Ivanov
Publication year - 2021
Publication title -
pravo: istoriâ i sovremennostʹ
Language(s) - English
Resource type - Journals
ISSN - 2588-0012
DOI - 10.17277/pravo.2021.03.pp.064-073
Subject(s) - relevance (law) , doctrine , element (criminal law) , criminal law , psychology , law , criminal code , social psychology , criminology , political science
The relevance of the article lies in the presence of problematic issues in establishing the guilt of a person who committed acts prohibited by the criminal code. The doctrine of criminal law stands on the positions of the psychological theory of guilt, in this connection, the establishment of the subjective element of the corpus delicti presents certain difficulties, which, in turn, lead to the admission of objective imputation. In this regard, an attempt has been made to analyze in detail one of the aspects of the criminal law theory of guilt – the attitude of a person to the consequences of a crime committed by him, as required by each of the forms of guilt. At the same time, the emphasis is placed on the possibility of foreseeing the social danger of those consequences that are enshrined in the criminal law, or are assumed as a result of a committed criminal act. It is concluded that it is necessary, within the framework of establishing guilt, to study in detail the psychological attitude of a person to the harmful consequences caused by the crime he has committed, which will contribute to a more accurate definition of the psychological signs of a crime and, accordingly, a more correct qualification.

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