Open AccessLEGAL CONTENT OF CATEGORY“PREPARATION FOR PERFORMANCE OF AN INTENTIONAL CRIME”
Author(s) -
Valery Lapshin,
В Ф Лапшин,
E. H. Nadiseva,
E.Kh. Nadyseva
Publication year - 2020
Publication title -
vestnik ûgorskogo gosudarstvennogo universiteta
Language(s) - English
Resource type - Journals
eISSN - 2078-9114
pISSN - 1816-9228
DOI - 10.17816/byusu20200139-45
Subject(s) - principle of legality , commission , legislation , law , punishment (psychology) , criminal code , political science , criminal procedure , criminal law , liability , criminology , criminal justice , psychology , social psychology
The implementation of criminal liability for an unfinished crime, interrupted at the stage of preparation, is not consistent with the basic criminal law requirements, since the act committed at the stage of preparation, clearly does not contain any signs of a crime or its composition. At the same time, the imposition of punishment is carried out in accordance with the sanction of the norms of the Special part of the criminal code, which indicates the existence of an act not actually committed by the convicted person. This allows us to raise questions about the legality and necessity of bringing a person to criminal responsibility for an act recognized as preparation for the Commission of an intentional crime. The analysis of provisions of the current criminal legislation, sources of scientific literature, and also materials of judicial practice on criminal cases about incrimination of preparatory actions, allowed to draw a conclusion according to which attraction of the person to responsibility for Commission of the act characterized as preparation for Commission of crime, contradicts the principle of legality and justice. In this regard, it is proposed to change the current criminal legislation, eliminating the rules on the preparation of the Institute of unfinished crime.