If a person commits any wrongful act, not necessarily that it will bear responsibility, including criminal.This is due to the fact that the person required to attract criminal liability base.The offense clearly articulated in the legislation, however, only if the act is exactly meet him, we can talk about the use of coercive measures.
term "base criminal responsibility"
Repeated changes in the legislative wording due to the fact that criminal law expresses the political will of the state at a certain stage of development.Today, when there was a rejection of the totalitarian model of a society, we can see the definition in the law, which states that the act should contain absolutely all the elements to be considered criminal.Thus, the basis of criminal responsibility is the composition.Of course, this norm most successful for law enforcement, it allows you to eliminate the range of acts that can on its face to be criminal, but not have all the features.However, the literature does not cease debate, because any legislative definition of real hard subjected to scientific criticism.
The philosophical question of the application of liability
grounds of criminal responsibility can be presented in a philosophical or social sense.The problem here is why the person should be punished for the committed action.Become important factors such as the choice of behavior, will and ability to take responsibility for their actions.After all, the basis of criminal responsibility can not exist if the person could not choose a different model of behavior, acted under duress.For example, the pressure can be expressed in the mental or physical forms.If as a result of the wrongful act occurred, the person can be exempted from criminal liability.
legal aspect
It has been said that the legislative definition, according to which the offender may be prosecuted for committing an act that helps us to identify the basis of criminal responsibility.The entire set of rules dealing with this, it is necessary to analyze in direct response to the letter of the law, that is a literal interpretation.In the literature is isolated, as a rule, two large groups of responsibility: positive and negative.There is no doubt in criminal law, we consider the negative responsibility because the person suffers deprivation, are established by law.
problems
considering this question, it is important to pay attention to the problematic aspects.They relate to the interpretation of the concept of "grounds of criminal responsibility."In the definition of which was given above, according to the composition of the signs.Meanwhile, in the criminal law does not say that such a composition.Therefore, for a particular crime, he formed the basis of the law enforcement practice, the general concept of crime and its symptoms.It is important to understand that there should be a broad interpretation of that man was responsible only for what he had done.
