OBJECTIVE SIGNS OF DELICTUM CONTINUATUM
The paper focuses on studying objective signs of delictum continuatum, i. e. continuous offence or offence of several transactions. Within the subjective conception of continuous offence, the author argues that such circumstances as identity of protected or attacked object; identity or homogenity of...
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| Format: | Article |
| Language: | English |
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Kemerovo State University
2013-09-01
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| Series: | Вестник Кемеровского государственного университета |
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| Online Access: | https://vestnik.kemsu.ru/jour/article/view/338 |
| Summary: | The paper focuses on studying objective signs of delictum continuatum, i. e. continuous offence or offence of several transactions. Within the subjective conception of continuous offence, the author argues that such circumstances as identity of protected or attacked object; identity or homogenity of criminal actions or omissions; joint harm or damage; identity of violated right (identity of victim); temporal and spatial bind between episodes of criminal activities; identity of criminal modus operandi; use of the same situation or continuous relations, etc. belong to variable signs of the analysed legal construction. They have no independent juridical importance, but only prove the identity of mens rea, and just indivisible mens rea determines the natural unity of delictum continuatum. |
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| ISSN: | 2078-8975 2078-8983 |