THE CONCEPT OF AN ACT AND CRIMINAL LAW INTERPRETATION OF A FACT IN DOCTRINE AND PRACTICE

Year: 
2017

Article:

Issue: 
2

Author(s): 
Shiryaev Alexey
Abstract: 

The author claims that criminal law norms are naturally logic-linguistic phenomena which exist in criminal legal regulation. Therefore, the task is to expose baseline out-language reality regulated by criminal law norms. In the author’s opinion such baseline reality is a fact of a man’s willful act. The article examines judicial cases which explain how an act as a subject of criminal legal treatment can be spoofed or distorted under the influence of abstracts. The author explains that wrong distinction of the fact and the concept of constituent elements of crime implies misunderstanding of criminal law norms and incomplete legal appraisal of circumstances of the case. The article argues that procedural expert learning by means of natural sciences is intended only to rise exactness of event fragments but not to define the factual grounds for criminal responsibility.

Key words: 

act, crime, criminally relevant fact, constituent element of crime, criminal legal interpretation of fact

Text of the article: 
English