Вплив майбутнього на минуле (кримінально-правовий аспект)

Abstract

The article attempts to offer answers to some provocative questions. Is there in all cases a linearity in the deployment of certain mandatory features of the objective side of a specific corpus delicti (formal components), in particular, space as a crime scene, time, method, etc.? Could some of the mandatory attributes of the objective side of a specific criminal offense continue to be realized in time and space after the moment of its finish? Is it possible in the future to influence the nature and degree of public danger of a crime committed in the past after a considerable period of time of its completion?The author concludes that time in criminal law is a relational category. This allows the dependence of the characteristics of space and time on the nature and method of interaction of objects, events, properties and relations. Matter, space and time form a system of certain interactions. They depend on mutual movement. Time can be multidimensional in the same way as space. Thus, time can be determined using not one, but several quantities. In certain cases, time in criminal law can be isotropic, that is, equal in all its possible directions of movement. In some cases, other mandatory attributes of the objective side of a specific criminal offense may continue to be realized in time and space even after the moment of its completion. The rules of the current Criminal Code of Ukraine and the practice of their application indicate on possibility in the future to influence the nature and degree of public danger of a crime committed in the past, including after a significant period of time after its completion. Thus, the author concludes that the future in criminal law can influence the past. In the examples considered in the article with smuggling and escalation of theft into robbery, the author admits the possibility of the existence of a slight curvature of time-space, or a more or less long loop of time. However, these cases are not time travel.