Problems of public danger of crime

Abstract

In the study of social danger, it is necessary to distinguish a triad of objects that claim to be considered dangerous: human behavior in general, an individual behavioral act, a specific action or inaction; the physical and social scope of these objects is different, as are the criteria that allow them to be assessed in terms of danger. In this triad of objects, only the danger of the act and the danger of the crime are subject to criminal-legal assessment, while the danger of the crime is a complex object, the assessment of which consists of an assessment of the danger of the act and the danger of the person who committed this act. The danger of an act as a sign of a crime is determined by its objective and subjective features (guilt, motive and purpose), which, expressing the attitude of a person to the values protected by law, ensure a meaningful connection between the personal characteristics of the guilty party and the act he or she has committed. A differentiated assessment of the danger of an act and the danger of a crime is necessary to resolve the fundamental issue of the basis for criminal liability; Only a socially dangerous act can act as such, while the combined assessment of the danger of the act and the personality of the perpetrator serve as the basis for determining the content and form of implementation of criminal liability.