DOI: 10.7256/2454-0706.2019.5.29699

Abstract: The subject of this research is the criminal law standards establishing the rules for classification of crimes in cases when the subject of crime misestimates such factual circumstance of the committed act as the age of a victim. The author examines possible approaches towards the classification of crimes in situation, when prior knowledge of the age of victim serves as a qualification factor. The article also covers the questions of criminal policy with regards to protection of the minors from criminal violations in the case of inability to establish the prior knowledge of the victim’s age by the offender. The scientific novelty consists in suggestion of the new approach towards formulation of the elements of crime, in which the victim’s age is a criminally relevant factor that would ensure due protection of the minors, but does not contradicts the principle of subjective imputation. The main conclusion lies in the statement that the enhanced responsibility must be established for committing a crime, when the offender is now well aware of the age of the victim, but the latter yet had not attained certain age.

DOI: 10.7256/2454-0706.2019.5.43240

Abstract: The subject of this research is the criminal law standards establishing the rules for classification of crimes in cases when the subject of crime misestimates such factual circumstance of the committed act as the age of a victim. The author examines possible approaches towards the classification of crimes in situation, when prior knowledge of the age of victim serves as a qualification factor. The article also covers the questions of criminal policy with regards to protection of the minors from criminal violations in the case of inability to establish the prior knowledge of the victim’s age by the offender. The scientific novelty consists in suggestion of the new approach towards formulation of the elements of crime, in which the victim’s age is a criminally relevant factor that would ensure due protection of the minors, but does not contradicts the principle of subjective imputation. The main conclusion lies in the statement that the enhanced responsibility must be established for committing a crime, when the offender is now well aware of the age of the victim, but the latter yet had not attained certain age.

DOI: 10.7256/2454-0706.2019.3.43224

Abstract: The subject of this research is the legal presumptions as the means of legal technique used in criminal law. The author carefully examines such legal presumption, which significantly influences the application of criminal law standards, as presumption of knowledge of the criminal law underlying the principle “ignorance of the law is no excuse”. The article reviews a controversial question on its disputability, and thus, possible consideration as the legally significant circumstance of the ignorance of a person with regards to the content of criminal law (legal error). The scientific novelty consists in the description of situation, in which it is reasonable to admit the legal error, associated with the ignorance of criminal law, as a mitigating circumstance. The main conclusion establishes the need to exonerate individual for harm caused without clearly seeing the illegality of their action, if the norm of the Special Part of the Civil Code of the Russian Federation contains direct requirement of prior knowledge of their illegal nature, or if the individual had reasonable and sufficient basis to believe that the law makes a specific statement (not corresponding with reality) and the individual base their actions with the limitations of law within their understanding thereof.