CERTAIN ISSUES OF DETERMINING THE SUBJECT OF A CRIMINAL OFFENSE
DOI:
https://doi.org/10.52026/2788-5291_2021_64_1_191Keywords:
Criminal law, criminal offense, the composition of a criminal offense, the subject of a criminal offense, the identity of the criminalAbstract
The article is devoted to some issues of determining the subject of a criminal offense. The subject of a criminal offense is one element in the composition of a criminal offense. Therefore, it forms the basis of criminal liability.
The reorientation of criminal policy towards ensuring human rights and social justice involves the deepening of theoretical developments of such fundamental categories of criminal law as the subject of a criminal offense. It is necessary to clearly understand the essence of those psychological and legal phenomena that are covered by these legal categories.
Every criminal offense is an act of socially dangerous behavior of people. Therefore, the criminal law applies its requirements - not to commit criminal acts - in all cases, without exception, only to a person. Therefore, only a person who has committed a socially dangerous act (inaction) can be recognized as a subject of a criminal offense. The concept of the subject of a criminal offense answers the question: who can bear criminal responsibility in the case of a criminal offense provided for by the criminal law.
Criminal law pays great attention to the study of the subject of a criminal offense, because the public danger of any criminal offense, along with other circumstances (the method, consequences, form of guilt) is largely determined by the danger of the criminal himself.
The authors propose to make a number of changes and additions related to this issue in order to improve the current criminal legislation. In particular, the sane person, the age of criminal responsibility, the age in relation to criminal offenses, etc.