Free Will in Criminal Law Through the Lens of Neuroscience
Free Will in Criminal Law Through the Lens of Neuroscience

Summary/Abstract: The article deals with the problem of the ratio of free will and guilt of a person through the prism of recent research in neuroscience. Key aspects of understanding guilt in criminal law and its relationship to free will have been identified. Deterministic and Indertermist approaches to determining the essence of freedom of will in the doctrine of foreign criminal law are disclosed. The purpose of the study is to determine the essence and significance of freedom of will in understanding the institution of guilt and to correlate freedom of will with the basis of criminal responsibility. On this basis, it is proposed to establish scenarios for the development of criminal law in the event of a rejection of the principle of guilt and to outline the prospects for the functioning of criminal responsibility in the context of the security doctrine. According to the results of the study, it was proposed to maintain the existing concept of freedom of will and indeterminism as the basis for criminal liability. It is proposed to distinguish between the concepts of "free will" and "freedom of action".

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