Year: 2018
Type: article
Abstract: The article is devoted to the investigation of sanctions in the articles on responsibility for sexual crimes. The author claims that the sanction must correspond to the nature and degree of the social danger of the act. The nature of the social danger is determined by the obj ect and method of encroachment. The degree of social danger depends on the consequences. It is proved that the corpus delicties of violent sexual crimes are constructed without taking into account the nature and degree of social danger of the acts committed in them. A different variant of fixing the traits of the formulations is proposed. It is noted that the corpus delicties of nonviolent sexual crimes also require changes to the correct construction of sanctions. Analysis is given to the criticism of other authors against the established sanctions for committing violent sexual crimes with certain qualifying signs. Arguments are given in defense of the position of the legislator on this issue. It is proved that the public danger of committing violent sexual crimes in the presence of the investigated qualifying signs is increasing not only due to the appearance of a new effect, but also because the two components are connected by a joint mechanism for their fulfillment.
Author: N.V. Tydykova
Institution: Altai State University
Language: Russian
Topic: Criminal Law and Policy
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W2925035693