Abandonment: Subjective Issues
Journal: Science Journal "NovaInfo" (Vol.117, No. 1)Publication Date: 2020-07-16
Authors : Antonenko Dmitriy Vladimirovich;
Page : 38-39
Keywords : ARTICLE; CRIMINAL; 125; ART; ABANDONMENT; RESEARCH ARTICLE;
Abstract
The article is devoted to the problems of establishing such an element of corpus delicti provided for by Art. 125 of the Criminal Code of the Russian Federation “Abandonment in danger” as a subjective party. The subject of the scientific article is the norms of criminal law, as well as judicial practice. The relevance of this article is that abandonment is a crime that is part of a group of crimes against the safety of life and health. In addition, the use of this article of the Criminal Code is due to a complex of problems that are primarily determined by the existing valuation categories, the interpretation of which is presented in the doctrine of criminal law. The author has proposed original ideas regarding the form of guilt, the establishment of which should be based on an analysis of the attitude to the very fact of leaving the person at risk and the mental attitude of the person to the possible consequences that may be caused by leaving the person at risk. The author also proposed an interesting approach to understanding the subject of this crime. The author in his work carried out a detailed analysis of the scientific literature and judicial practice on the issue under study. The article describes the problems existing in theory and practice of qualifying the specified corpus delicti with respect to the subjective side. The article is written clearly, clearly, structured. The sources cited in the peer-reviewed article reflect the current point of view on the problem under study. All structural elements of the article are interconnected, and the provisions of the article are confirmed by quotations from authoritative sources and links to scientific research. The author’s findings are supported by court materials.
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Last modified: 2020-07-18 07:00:15