Veresha R. Problems of the subjective side of corpus delicti

Українська версія

Thesis for the degree of Doctor of Science (DSc)

State registration number

0517U000672

Applicant for

Specialization

  • 12.00.08 - Кримінальне право та кримінологія; кримінально-виконавче право

04-10-2017

Specialized Academic Board

Д 26.007.03

National Academy of Internal Affairs

Essay

The paper defines the concept, methodological principles and phenomenological basis of the subjective side of crime. There are defined the subjective side of crime and the subjective side of corpus delicti. The principle of guilt was substantiated to have a moral and ethical origin. There is developed a concept of the "general theory of guilt in the criminal law". The guilt as a mandatory feature of the subjective side of corpus delicti forms a basis of criminal liability (as one of the components of its condition) and the grounds of criminal liability as the fundamental institutions of criminal law in Ukraine. In certain cases, subjective side of corpus delicti takes a form of complex structures, including a complex guilt, a mistake made by a person, who had committed a socially dangerous act and a chance (casus).

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