Open AccessThe Meaning of the Sign “Knowingness” in Establishing Intent
Author(s) -
Artem Ivanov
Publication year - 2020
Publication title -
ûridičeskaâ nauka i praktika
Language(s) - English
Resource type - Journals
ISSN - 2542-0410
DOI - 10.25205/2542-0410-2020-16-2-74-81
Subject(s) - legislation , legislature , criminal law , criminal code , meaning (existential) , anticipation (artificial intelligence) , element (criminal law) , sign (mathematics) , political science , law , framing (construction) , psychology , computer science , mathematical analysis , mathematics , structural engineering , artificial intelligence , psychotherapist , engineering
The article, taking into account scientific opinions expressed by scientists at different times and the legislative definition of intent, analyses the characteristic “knowledge” which is used in many norms of the Special Part of the Criminal Code of the Russian Federation. The study emphasizes the relationship between the boundaries of the legislative formula of intent, in particular its intellectual element, and the legal concept under consideration, and on the example of some crimes. The limits of reliability and admissibility of knowledge of certain circumstances within the category “known” and their impact on awareness of public danger and anticipation of socially dangerous consequences are considered. Special attention is paid to the importance of this concept in the structure of the intentional form of guilt and this is done in comparison with the criminal legislation of the Soviet time. The role of the category “knowledge” in ensuring the principle of subjective imputation and compliance with the prohibition of objective imputation in the context of the abolition of this category from criminal law is discussed. In the operative part of the article, it was suggested that the topic should be applied in criminal law.