publication . Article . 2018

Category of guilt in criminal law: economic approach

O. Bibik;
Open Access Russian
  • Published: 01 Dec 2018 Journal: Pravoprimenenie, volume 2, issue 4, pages 98-105 (issn: 2542-1514, Copyright policy)
  • Publisher: Dostoevsky Omsk State University
Abstract
The subject of the paper is guilt as criminal legal category.The main aim of the paper is to confirm or disprove the hypothesis that there is a need for risk management in order to prevent crime.The description of methodology. The author uses economic approach and the theory of rational choice as well as the dialectic and formal-legal methodology.The main results and scope of their application. The greater the probability of socially dangerous consequences of actions, the greater the risk, the greater the degree of guilt of the subject and the degree of danger of the crime. In criminalization the risks should be optimally distributed between the state (installs ...
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Subjects
free text keywords: economic approach, criminal law, rational choice theory, risk management, criminal ignorance, counter guilt, premeditated intent, Law, K, Law and economics, Legislation, Criminalization, Civil law (legal system), Psychology, Rational choice theory, Harm, Criminal law, Sanctions, Ignorance, media_common.quotation_subject, media_common
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