Legal Encyclopedia. The Letter

WINES

- Is the mental attitude of a person to commit a criminal offense and they matured the last quences in the form of intent or negligence. Wine is a mandatory feature of the subjective side of the offense.

This attitude is made up of consciousness (or the possibility of consciousness) by a person socially dangerous nature of his actions (inaction) and foresight (or the possibility of foresight) attack as a result of the harmful effects of (intellectual moment of guilt), as well as the desire or conscious assumptions the occurrence of these effects or frivolous based on their prevention (volitional moment of guilt).

Depending on the content of the intellectual and volitional moments varies B. in the form of intent and in the form of negligence.

In turn, the intent is divided into two types - direct and indirect, and negligence shown in the form of a criminal levity

or criminal negligence.

An act committed only by negligence, an offense only when it is specifically provided for the corresponding article of the Criminal Code.

B. Content is considered in three aspects:

1) moral and social content (every transgression encroaches on protected by the criminal law values ​​and benefits);

2) B. always personified with personality, ie it relates to a specific person who has committed a socially dangerous act. The criminal law does not recognize collective guilt;

3) V. has a psychological content, which consists of two aspects: intellectual (expressed by the terms "person were realizing foresee possible and inevitable consequences"); volitional (expressed in terms: "the assumption of consequences, reluctance, indifference, arrogant attitude").

B. Divide the shapes and types have the following meaning:

1) separates the criminal act of non-criminal, guilty of povidenie

innocent;

2) with their help the legislator and justice classify types of crimes and plurality of crimes;

3) Form V. important for complicity Institute. Only intentional participation in the crime indicates a crime of complicity.

B. Legal value is expressed as follows:

1) determine the qualification and individualization in sentencing;

2) Form B. are the criteria for the classification of crimes;

3) B. determines the conditions of serving the sentence of imprisonment.

B. Establishing a mandatory attribute of a crime, the definition of form B. and the specific content of its intellectual and volitional moments is an indispensable condition for the proper qualifications

of the offense. B. Preconditions are responsibility and achievement of a person age of criminal responsibility.