Ошибки потерпевшего в сфере уголовного права

Abstract

In addition to the criminal, who is mistaken about the circumstances of his or her socially dangerous behavior and its legal assessment by the state, there is another subject that is present in many criminal torts – the victim. His role in the etiology of crime has only recently been noticed and discussed in the context of victimization. However, the problems related to the victim’s erroneous behavior are poorly studied by domestic and foreign specialists. The unreasonable behavior of the victim is largely based on his misconceptions, so it seems quite acceptable to use the term “victim mistake” in the sphere of criminal law. At the same time, the victim’s delu-sions pose a threat not only to himself, but also influence the crime committed by the criminal. The author states that such behavior of the victim can act as a determining factor in the formation of the antisocial orienta-tion of the personality of the harm-doer. The victim’s mistake is a person’s incorrect assessment of the possible danger of his action for himself. The presence of such should affect the limits of responsibility of the guilty per-son, and therefore the article suggests directions of its consideration in the imposition of punishment.