The Basis of Criminal Responsibility

Abstract

Despite the importance for criminal law, the basis of criminal liability remains quite controversial in the criminal law science. At the same time, it has been studied in numerous sources. However, instead of analyzing criminal law, many authors consider it their duty to first share their own ideas about the basis of criminal responsibility, regardless of the actual content of the law.This article is structured differently. It attempts to understand what the norm-maker himself meant when formulating the provisions of art. 8 of the Criminal Code of the Russian Federation. The author finds it necessary to identify and analyze the features introduced by him as the basis of criminal responsibility. At the same time, the views on the basis of criminal responsibility existing in the theory of criminal law are critically examined, the failure of both this basis and the wording of art. 8 of the Criminal Code of the Russian Federation is recognized. The author expresses agreement with the logic of the introduction of a two-pronged basis of criminal responsibility provided by legislators. Based on the study the author proposes and justifies a new solution that better meets the urgent needs of the practice of criminal law implementation.