Participants of mechanism of crime and their criminalistical characteristic
Journal Title: Юридические науки и образование - Year 2018, Vol 57, Issue 57
Abstract
When it is characterized the participants of a crime mechanism, such criminal legal concepts should be important: an intentional or careless commission of a crime, commission of a crime by a minor, an insane, a person in a state of alcohol or drug intoxication, dangerous special recidivist, and also all articles of the Special part of Criminal Code that define the legal composition of crimes. While designing the criminalistical notions of ‘participants of a crime mechanism’, the criminal procedural terminology cannot be ignored, with the help of which definitions are given to those participants in a criminal process who become by them due to their involvement in a crime, in its mechanism. Describing the participants of a crime mechanism from a criminalistic position, we cannot ignore their role-playing functions, which later make them relevant participants in the criminal process, endowing them with rights and duties provided for by law. In view of the foregoing, we believe that the participants of a crime mechanism are persons who perform various role-playing functions in this mechanism, due to the nature of an act, its legal composition, the setting of a crime, the way its preparation of commission and concealment, and its consequences.
Authors and Affiliations
Javanshir Suleymanov
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