Subjective Attitude to the Injuryunder Circumstances Precluding the Criminality of the Act (Chapter 8 of the Criminal Code of the RF)

Abstract

The article deals with the question of the subjective attitude towards causing harm in circumstances precluding the criminality of the act. in the science of criminal law he is not given due attention. The solution of this problem contributes to the correct determination of the cases of causing harm in the absence of the necessary subjective signs of a crime, as well as the correct qualification of crimes in general. On the basis of different approaches to the concept of subjective attitude and guilt in criminal law, their correlation with injury in criminal law is analyzed, as well as the circumstances in which the criminality of an act is excluded. Analyzes the contents of subjective attitude in individual cases stipulated by the criminal law (Chapter 8 of the Criminal Code of the RF). There are situations where the mental attitude to the consequences is the same as in any other act of lawful behavior. These include the necessary defense, the detention of the offender, emergency. The case is substantiated when the subjective attitude to the damage caused is generally absent due to the lack of objective signs of the act or the indirect nature of the cause: physical coercion, execution of a mandatory order or instruction. It is concluded that with a reasonable risk only formal signs of reckless guilt appear, but there are no meaningful signs that would indicate that a person has a negative subjective attitude. The results of the study may be important for the correct application of criminal law in this area.