Object of the Crime as a Symbol in the Doctrine of the Composition of the Crime
| Autor: | Natalya S. Goncharova |
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| Rok vydání: | 2021 |
| Předmět: | |
| Zdroj: | Russian Journal of Legal Studies (Moscow). 8:61-70 |
| ISSN: | 2410-4965 2410-7522 |
| DOI: | 10.17816/rjls71402 |
| Popis: | The author attempts to determine the place of the object of the crime in the doctrine of the composition of the crime. They analyze the views of scientists available in legal literature at various historical stages in the development of Russian legislation pertaining to criminal acts. Pre-revolutionary criminal legislation did not distinguish between the objects and the subjects of the crime. At the beginning of the 20th century, Russian criminal law science began to realize the need to distinguish the objects of crimes from the subjects. Since 1953, in connection with liberalization, there has been a clear definition of the subject of crimes, depending on their composition. Further development of the doctrine of the subject of crimes is characterized by a wide variety of scientists views, which the author analyzes, combining them into two groups, depending on the location of the subject of the crime as part of the crime: 1) the subject of the crime is a sign of the objective side of the crime and does not depend in any way; 2) the subject of the crime is a sign of the object of the crime and is inextricably linked with it. |
| Databáze: | OpenAIRE |
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