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Criminal and Legal Characteristics of Criminal Intent

Author

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  • Roman VERESHA

    (The Academy of Advocacy Kiev Ukraine)

Abstract

This paper considers the problems of the criminal and legal characteristics of criminal intent The author analyzed the peculiar features of criminal intent as an element of mens rea The conducted analysis allows stating that the criminal law of certain countries displays a tendency of mostly recognizing criminal intent not as an obligatory element of crimes The paper substantiates the need for recognizing criminal intent as one of the elements of mens rea which will allow determining the real intent of the crime and administering the appropriate type and amount of penalty The study determined that criminal intent is a psychological phenomenon Therefore the issues of its analysis and study should be solved at levels related to psychology and criminology which will affect the research results obtained within the framework of one scientific branch and the setting of research questions and elaboration of conceptual elements regarding this subject in other scientific branches The paper defines criminal intent which should be viewed as substantial and outlined features of a conscious imaginary image of the future desired result which determines the orientation and ordering of various types of criminal activity Based on a scientific approach to the theoretical determination of intent in criminal law and its place in the mens rea of corpus delicti the author suggests relating criminal intent to the optional elements of mens rea

Suggested Citation

  • Roman VERESHA, 2016. "Criminal and Legal Characteristics of Criminal Intent," Journal of Advanced Research in Law and Economics, ASERS Publishing, vol. 7(7), pages 1881-1890.
    • Handle: RePEc:srs:jarle0:v:7:y:2016:i:7:p:1881-1890
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    Cited by:

    1. Guzel Salimova & Alisa Ableeva & Rasul Gusmanov & Aidar Sharafutdinov & Gulnara Nigmatullina, 2024. "Employment in the Digital Economy Development: Regional Clustering," Public Organization Review, Springer, vol. 24(1), pages 141-160, March.
    2. Nicoleta-Elena Heghes & Cristina-Gabriela Schiopu, 2021. "The Psychology of Guilt in Criminal Law: A Comparative Review of Romanian Legal Aspects," RAIS Conference Proceedings 2021 0143, Research Association for Interdisciplinary Studies.
    3. Shynar Issabayeva & Bayan Smagambet & Igor Barkhatov & Igor Okhrimenko, 2024. "A Sociological Portrait of a Family Business in Post-Soviet Economies: Challenges from the Market, Government, and Society, as well as Interaction with These Institutions in the Context of Digital Gov," Public Organization Review, Springer, vol. 24(1), pages 161-181, March.

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