On the question concerning the concept of a special corpus delicti

Abstract

The article considers the question of the concept and essence of a special corpus delicti. The author analyzes the available definitions of special elements of the crime and provides his own version of the definition. There is explored a debatable question of the ratio of special and qualified elements of crime and substantiated the opinion that the nature of these categories is different, since the criteria for their distinguishing and the rules for their construction differ. Sometimes a qualified corpus delicti simultaneously acts as a special one, but even in this case, the crime remains qualified in relation to the main crime, and it is seen as a special corpus delicti to the general crime, where the main crime and the general crime do not coincide. The author expresses an opinion about the necessity to eliminate technical and legal flaws in special crimes by developing rules of their structing.