Nusikalstamos veikos pavojingo pobūdžio suvokimas tyčioje.
MetaduomenysRodyti išsamų įrašą
The article deals with the concept of perception of crime dangerousness, which, as defined in the Criminal Code of the Republic of Lithuania, is a substantial part of intellectual element of intention. The author analyses what elements of crime intentionally acting person must perceive, and which he may not. The author draws a conclusion that perpetrator perceives dangerousness of his offence, if person is aware of what he is doing, and of legally significant circumstances of his act or omission, and also (when the crime is described in the Criminal Code with material corpus delicti) he is aware of consequences of his act or omission and of causation. Offender’s perception or non- perception of mens rea elements, and of social values, that are damaged by the crime, and also of offender’s features, that are defined in the Criminal Code, has no significance for the decision, whether he or she was acting intentionally or not...
- Straipsniai / Articles