Component Elements of a Crime: Tradition and Reality

Abstract

Despite the importance of the components elements of a crime in criminal law, certain aspects of understanding remain embryonic. Today the elements of corpus delicti are traditionally those that were allocated since the dawn of formation of the components elements of a crime. However, in the special part of the penal law there reflected such features that do not fit into the traditional scheme. The article determines their nature. Some of them are not recognized as components elements of a crime. It is concluded that the Penal Code should exclude the indication of the possibility (the threat) of the injury (the onset of effects), as well as challenging the relevant action; interest and inducements must be replaced by the 'motive for the crime', and credible publicity by 'consciousness'. Other elements contained in the special part of the criminal law, are recognized as belonging to component elements of a crime. These include such elements as 'consciousness'', 'awareness' and 'premeditation'. The work reveals their contents. It is specified that the awareness is present in the special part of the criminal law due the lack of reflection of mental activity in relation to the relevant elements not related to the subjective side of the crime, in the general part