The corpus delicti of the offence from the standpoint of normativism: a critical view
Year: 2025
Type: article
Abstract: The category of “corpus delicti” from the position of normativism is considered. It is pointed out that within the framework of this doctrine law is recognised as an independent matter, and therefore the corpus delicti, as a fundamental category of criminal law, is closely related to the criminal law norm. Within the normativist approach four understandings of the corpus delicti are distinguished: 1) the totality of features; 2) the system of features; 3) the legislator’s notion of a certain type of crime; 4) the legislator’s tool. Content analysis of the definitions of the corpus delicti allowed to identify the advantages and disadvantages of understanding this category from the standpoint of normativism. It is concluded that with all the positive aspects of the normativist approach, there are also significant shortcomings: 1) the corpus delicti, identified with the criminal-legal norm, can not act as a basis for criminal responsibility, since only really existing phenomena in the form of the actual can be criminally punishable; 2) it is impossible to raise the question of guilt, if the corpus delicti is in the legislative matter; 3) the essence of the offence remains unimportant, because the priority is given to the formal act with the signs specified in the law; 4) the corpus delicti is not the basis for criminal liability.
Source: Siberian Law Herald
Author: E. A. Solovyova
Language: English
Topic: Criminal Law and Policy
Subfield: Sociology and Political Science
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4409276771
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