The Importance Of The Will From A Criminal And Criminological Point Of View

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Edisher Phutkaradze


Different doctrines of crime and the legislation adopted in accordance with them in some countries may give different places to desire in the criminal act. Also evaluate its meaning differently. Change the place and role of desire in the concept of crime. Everything starts with desire. If there is no desire, then there is no corresponding action. There will be no action, no need to evaluate it. If we say that modern criminal law is the criminal law of action, then we should also add that not any action is important for criminal law, but an action directed by human will (desire). Only such an action can become the subject of a criminal assessment and be negatively evaluated and reprimanded. We cannot rebuke a person for such an action, which he did not commit with his will.

An act based on mere knowledge or mere desire cannot give rise to full liability. At the moment of committing an action, there must be both the desire to commit it and the mental awareness (knowledge) of it. we can demand the responsibility of the perpetrator Only for such an action.

An action committed without proper desire and knowledge cannot be full-valued from a human- psychological point of view, and therefore cannot deserve a negative assessment from a legal-normative point of view.

Will, Legislation, Criminal, Criminological
Published: Dec 30, 2022

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Law Sciences