Approaches of Regulatory Solvation of the Problems of Criminal Responsibility for Crimes Committed with Two Forms of Guilt

Abstract

It is proverbially that theoretical and practical questions of mens rea are one of the most difficult in criminal law. They provide numerous discussions for certain questions, connected with the conception of understanding the concept of guilt and its value in general criminal law theory, clarifying the nature of guilt, its features, and types: intent and negligence. No less acute are theoretical discussions, caused by uneven understanding of the types of intent and negligence, their theoretical and practical differentiation and immediate implementation doctrinal conclusions during application of the law on criminal responsibility. A special place in these issues occupy aspects related to crimes committed with two forms of guilt that caused, primarily, the lack of appropriate legislative provisions. In this context, as perhaps in no other associated with various criminal law issues, the absolute lack of mention of the existence of two forms of crimes fault, this type of crime has a theoretical explanation and practical application. The article proved that the principles of criminal responsibility for crimes committed with two forms of guilt must be included in the overall article, which involves determining guilt and total memory of its shape. In view of the art. 23 of the Criminal Code should be supplemented sentence as follows: «In cases provided by this Code, wine person may provide different mental attitude towards it exerted the act or omission and the consequences caused by them». Moreover, it is concluded that the formulation of rules aimed at ensuring the regulation principles of criminal responsibility for crimes committed with two forms of guilt, we believe that inappropriate consolidation is a legal definition of this type of crime, as well as use a special term to designate them. Also, given that the Criminal Code provides different legal consequences for the perpetrators of deliberate and reckless crime, it is advisable to supplement this same article sentence as follows: «In such cases, the person used the consequences of committing an intentional crime».