The Issue Of Relation Between The Definition Of The Act And The Lawlessness, Intent And Guilt


The article discusses the controversial issues in the doctrine up to now: 1. What is the relationship between the structure of the action (crime) and the wrongfulness? 2. What is the relationship between intention and guilt – is intention a form of guilt or its sign?
It is well founded in the article that the implementation of the structure of the action is only an indication of wrongfulness, but it does not in itself indicate that the committed action is nec essarily wrongful. If this was true, then the three signs of the crime would be superfluous, and only two signs would remain: a) the composition of the action (which in itself would include wrongfulness of the law) and guilt. or b) wrongdoing (which included in itself the composition of the action) and guilt.
Accordingly, the composition of an action taken separately (taken autonomously) is neither wrongful nor rightful – the composition of an action is a judgment on the fact, it is not an evalua tive judgment. It can be committed in a circumstance that excludes wrongfulness, or without such circumstance (there may not be a single circumstance present that excludes wrongfulness). Only after clarifying this issue, conclusion whether the committed action is wrongful or rightful can be made.
As for intent, the article argues that it is a form of guilt, not a sign of it. Guilt is not reprimand ing a person for an illegal act committed by him/her (such an act is committed by a mentally ill person), but it is a person’s irresponsibility to a normatively established obligation, which mani fests itself in the form of intent or carelessness. If the intention is not a form of guilt and it is “in the mind of the judge,” then it turns out that the crime has two authors: the perpetrator (who commits the criminal injustice) and the judge (who was the author of the guilt).
Thus, it will turn out that guilt is not the third and inseparable sign of crime, but it is intro duced from the outside and joins the committed criminal injustice, as a result of which a crime with its three signs is created. Such a conclusion is devoid of any legal argumentation.


Judgment, Irresponsibility, Lawful

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