Subjective content of crimes with two forms of guilt: problems of qualification
The article characterizes crimes with two forms of guilt. Two forms of guilt are distinguished: guilt in relation to a socially dangerous act (action or inaction) committed by a person and, separately, guilt in relation to the socially dangerous consequences that occurred as a result of this act. The author focuses on their subjective content. These crimes often have problems in qualifying. In preparing the article, law enforcement practice was analyzed. It is stated that different points of view in legal science on various aspects of the inner side of these crimes testify to the existing problems in qualifying and determining the corpus delicti. The double form of guilt is the merger in one composition of its two different forms, of which one characterizes the mental attitude of a person to an immediate, and the second to a distant socially dangerous consequence. The need for its theoretical substantiation and legislative implementation arose due to the fact that in the criminal law there are norms that establish increased responsibility for the long-term consequences of a socially dangerous act. Crimes according to the fault of the person are divided into intentional and negligent. In general, crimes with a double form of guilt are considered negligent if, in accordance with the elements of the crime set out in the law, the guilt of a person in relation to the act committed by him can be both in the form of intent and in the form of negligence.