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Title |
Debating issues of criminal intent in the russian criminal law
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Autors |
Klassen Maksim Aleksandrovich
a lecturer
of Criminal Law, Criminality and Penal Law Department of South
Ural State University, Chelyabinsk, a lawyer. 454000, E-mail: max171@mail. ru
Lalats Valeriya Vladimirovna
a
postgraduate student of Criminal Law, Criminality and Penal Law Department
of South Ural State University, Chelyabinsk. 454080, Chelyabinsk, 76 Lenin
Avenue. E-mail: lalats@mail.ru |
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Section |
Criminal LEGAL DOCTRINE |
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Issue |
7/2012 |
Page |
137-142 |
index UDC |
343.236(470)
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index LBC |
Х408.012(2) + Х408.016(2)
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Abstract |
The article analyzes an intentional
form of guilt in the criminal law of Russia. The carried out analysis
distinguishes a set of outstanding problems of intentional guilt legislative
control. The first problem concerns the symptom of understanding of a public danger of
activity (inactivity). The legislative structure of intention shows consciousness of
activity (inactivity), but there is said nothing about the subjective relation of a
person having committed an offence to other circumstances of crime
commission (place, time, way, etc.). The second problem concerns the will element of
the indirect intent. |
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Keywords |
intentional guilt, insight, consciousness, motive,
crime. |
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