CHAPTER I
The doctrine about the criminal offence (crime)
§ 1. Theoretical backgrounds
Subject of the doctrine about the crime in the structure of the criminal-legal doctrine. The doctrine about the crime is, along with the doctrine about content of a criminal offence, presumably, the central link of all German criminal-legal doctrine, in any case taken in its theoretical bases. "Tasks of the general doctrine of criminal law - to point the essential signs of the crime and its subject general to all criminal offences". 1
U. Weber writes that the doctrine about the criminal offence deals with the issue: what requirements shall be met by the act of the person, so that he could be punished under the criminal law and other criminal-legal measures could be directed towards him. 2
Contents of the doctrine about the crime. German lawyers in either manner write that the doctrine about the …show more content…
exception or, in the contrary, establishment of legitimacy of an offence, including first of all the establishment of existence or absence of the circumstances eliminating illegality of an offence;
• guilt including sanity; special signs of guilt; forms of guilt, to be aware of illegality of an offence, and also establishment of existence or absence of the circumstances eliminating guilt (the excusing circumstances); here it is important to remember that, the guilt at this level does not coincide with intention and negligence in subjective content of criminal offence.
In some cases, it is necessary to establish additional conditions of punitiveness, operating at appointment and the execution of the punishment, which assumes the solution of additional questions.
The doctrine about the criminal offence (crime)
§ 1. Theoretical backgrounds
Subject of the doctrine about the crime in the structure of the criminal-legal doctrine. The doctrine about the crime is, along with the doctrine about content of a criminal offence, presumably, the central link of all German criminal-legal doctrine, in any case taken in its theoretical bases. "Tasks of the general doctrine of criminal law - to point the essential signs of the crime and its subject general to all criminal offences". 1
U. Weber writes that the doctrine about the criminal offence deals with the issue: what requirements shall be met by the act of the person, so that he could be punished under the criminal law and other criminal-legal measures could be directed towards him. 2
Contents of the doctrine about the crime. German lawyers in either manner write that the doctrine about the …show more content…
exception or, in the contrary, establishment of legitimacy of an offence, including first of all the establishment of existence or absence of the circumstances eliminating illegality of an offence;
• guilt including sanity; special signs of guilt; forms of guilt, to be aware of illegality of an offence, and also establishment of existence or absence of the circumstances eliminating guilt (the excusing circumstances); here it is important to remember that, the guilt at this level does not coincide with intention and negligence in subjective content of criminal offence.
In some cases, it is necessary to establish additional conditions of punitiveness, operating at appointment and the execution of the punishment, which assumes the solution of additional questions.