Founding of criminal liability: philosophical and legal aspects

If a person commits any unlawfulan act, not necessarily, that it will incur responsibility, including criminal liability. This is due to the fact that the grounds for criminal liability are necessary to attract a person. The composition of the crime is clearly formulated in the legislation, therefore, only if the act will exactly correspond to it, it will be possible to talk about the use of coercive measures.

The concept of "the basis of criminal liability"

Repeated legislative changesformulations is connected with the fact that the criminal law expresses the political will of the state at a certain stage of development. Today, when there was a rejection of the totalitarian model of building society, we see a definition in the law, which states that an act must contain absolutely all the signs of the composition to be considered criminal. Thus, the basis of criminal liability is the composition. Undoubtedly, this rule is the most successful for law enforcement, it allows to exclude the spectrum of acts that can be criminal according to formal criteria, but not all signs. At the same time, the debate in the literature does not subside, because any legislative definition is subjected to serious scientific criticism.

Philosophical Question of Applying Responsibility

The basis for criminal liability isto present in a philosophical or social sense. The problem here is why a person should be punished for the act. Important factors are factors such as choice of behavior, will and ability to answer for their actions. After all, the basis of criminal liability may not exist in the event that a person could not choose another model of behavior, acted under duress. For example, pressure can be expressed in moral or physical forms. If as a result of this an illegal act has occurred, a person can be released from criminal liability.

The legal aspect

It has already been said that the legislativethe definition by which the guilty person can be held accountable for the commission of an act helps us to identify the basis of criminal liability. The entire set of norms devoted to this need to be analyzed in direct accordance with the letter of the law, that is, a literal interpretation. In the literature, as a rule, two large groups of responsibility are distinguished: positive and negative. Undoubtedly, in criminal law we consider negative responsibility, because a person undergoes hardships, which are established by law.

Problems

Having considered this issue, it is important to pay attention toon problematic aspects. They are connected with the interpretation of the concept of "the basis of criminal responsibility". In the definition that was given above, it speaks of the characteristics of the composition. Meanwhile, the criminal law does not say what the composition is. Therefore, for a specific crime, it develops, based on law enforcement practice, the general concept of crime and its characteristics. It is important to understand that there should not be an expanded interpretation that a person bears responsibility only for what he has done.

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