Open AccessPerpetrator’s Age: A Condition or Grounds for Criminal Liability?
Author(s) -
К. З. Трапаидзе
Publication year - 2021
Publication title -
aktualʹnye problemy rossijskogo prava
Language(s) - English
Resource type - Journals
eISSN - 2782-1862
pISSN - 1994-1471
DOI - 10.17803/1994-1471.2021.128.7.136-144
Subject(s) - russian federation , criminal code , criminal liability , subject (documents) , liability , law , strict liability , relation (database) , criminal responsibility , political science , legal liability , criminal procedure , criminal law , sociology , computer science , library science , database , regional science
The need for Article 19 of the Criminal Code of the Russian Federation, containing “general conditions of criminal liability“, is not specifically discussed in the literature. Meanwhile, in the Criminal Code of the Russian Federation (Art. 8) there is another, more widespread concept, namely “grounds for criminal liability”. This work aims at defining the correlation between these concepts. Using linguistic, comparative legal and historical legal methods, the author concludes that these concepts are identical. At the same time, the inclusion of mandatory component elements, such as subject of a crime, in the general conditions of criminal liability is capable of leveling the importance of corpus delicti as the only and sufficient basis for criminal liability. The paper formulates a proposal to abandon the concept of “general conditions of criminal liability” and to replace it in theory and practice, as well as in the title of Art. 19 of the Criminal Code of the Russian Federation with “features of a person subject to criminal responsibility”.