Determination of the nature of the public danger of crimes as the basis of judicial penalization
The article updates the issues of judicial penalization, which acts as a law enforcement process based on the definition and establishment of the public danger of crimes. The purpose of the study is to consider current trends in the field of legislative, doctrinal and judicial approaches to determining the essence of the nature of the public danger of criminal acts. It is proved that the definition of the nature of the public danger of each crime directly depends on: 1) the legislative structure of the four elements of the offense (object, objective side, subject, subjective side); 2) approach to the assessment of these elements of the corpus delicti by law enforcement agencies; 3) actual accounting of all the circumstances of criminal behavior that form the basis for the rational use of the norms of the criminal law and the imposition of a just punishment. Based on the results of a substantive analysis of the elements of the corpus delicti, which form the basis of the modern understanding of the nature of the public danger of a crime, conclusions are drawn about the need for mandatory consideration in the process of judicial penalization of all signs of the corpus delicti and related norms that supplement its content.