Mixed guilt in the criminal law of Ukraine: Its types and impact on the qualification of criminal offenses (Part two) Cover Image

Змішана вина у кримінальному праві України: її види та вплив на кваліфікацію кримінальних правопорушень. (Частина друга)
Mixed guilt in the criminal law of Ukraine: Its types and impact on the qualification of criminal offenses (Part two)

Author(s): Ye. V. Shevchenko, I. O. Zinchenko
Subject(s): Criminal Law, Criminology, Sociology of Law
Published by: Національний юридичний університет імені Ярослава Мудрого
Keywords: the subjective side of the criminal offense; guilt; mixed guilt; double guilt; complex guilt; combined guilt;

Summary/Abstract: The authors, based on a holistic approach to solving the problems posed in their first article in the collection of scientific works «Economic Theory and Law», No. 1 (52), 2023, substantiated the feasibility of defining mixed guilt as a generic concept that denotes a special, heterogeneous mental attitude person to the committed act and its consequences within the subjective side of the same composition of the criminal offense. It was proved that within the limits of the specific subjective side, inherent in some types of criminal offenses, there are at least three types of mental attitude of a person to the committed act and its consequences, which are expediently denoted by such terms as «double», «complex» and «combined» guilt. At the same time, they should not be opposed to each other, because they reflect the peculiarities of the subjective side of one or another component of a criminal offense and in themselves are types of the broader concept of «mixed» guilt.

  • Issue Year: 2/2023
  • Issue No: 53
  • Page Range: 48-65
  • Page Count: 18
  • Language: Ukrainian