Certain Aspects Of The Subjective Side Of Corpus Delicti, Committed By A Law Enforcement Officer Is Of Criminal Value

  • I.V. Bahan
Keywords: crime, subjective side of corpus delicti, law enforcement officer, criminal value, guilt, purpose, motive.


Annotation. Under criminal law, a person can be held liable only when he or she commits a socially dangerous act. Liability only in the presence of guilt is one of the most important principles of criminal law that underlies it. At the present stage of the development of our society, the need for strict adherence to the principle of the presumption of innocence and, at the same time, the inevitability of criminal responsibility for the perpetration of a socially dangerous act, is growing significantly. Adherence to these principles in the activities of pre-trial investigation bodies and the court will contribute to the protection of citizens’ constitutional rights and freedoms, and the correct determination of the subjective side of the crime is crucial in this respect.

The subjective side of a crime is the inner side of a crime, that is, the mental activity of a person, which reflects the attitude of his / her consciousness and will to the socially dangerous act he / she commits and to its consequences.

The value of the subjective side lies in the fact that due to its correct definition, the proper qualification of the act and its delimitation from other crimes is carried out, the degree of public danger of the act and the person who committed it is established, and the possibility of his/her release from criminal responsibility and punishment is resolved.

The article is devoted to the investigation of the subjective side of the corpus delicti, committed by law enforcement officer is of criminal value, disclosure of its essence and content.

Characteristics of the subjective side of crimes, committed by a law enforcement officer is of criminal value, in particular, guilt, motive, purpose of this category of crimes are characterized. Conclusions are made and proposals are formulated for improving the relevant criminal law provisions; various scientific researches related to this topic are examined.