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Title |
General characteristic of guilt
forms in Russian and foreign criminal laws
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Autors |
Klassen Aleksandr Nikolaevich
the head of Criminal Law, Criminality and Penal Law Department of South
Ural State University, Chelyabinsk, candidate of law, an associate professor.
454080, Chelyabinsk, 76 Lenin Avenue. E-mail:649308@rambler.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 |
117-123 |
index UDC |
343.222(470)
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index LBC |
Х408.012(2) + Х071
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Abstract |
The article investigates guilt forms
in the foreign criminal legislation norms. Forms of guilt are considered on the
example of such countries as England, the USA, France, Australia, Austria,
Bulgaria, Federal Republic of Germany, Japan, People’s Republic of China, Turkey
and some other Arab states. The analysis results in revelation of analogous
positions and differences in comparison with the Russian Criminal Law.
Particularly, it is determined that in the Criminal Law of England there are three forms
of guilt. Understanding of guilt forms in the Criminal Law of France is a
little bit different than in the Russian criminal legislation. Comparative legal
method of investigation of foreign and Russian criminal laws norms allows
approaching the study of guilt concept taking into account that form and content are
closely interconnected. |
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Keywords |
guilt, guilt forms, intention, carelessness, joint
guilt, culpability forms. |
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