Academic literature on the topic 'Qualification of the attempt upon a crime'

Pursuant to the Code of Penal Procedure, any person, upon having learned about the commission of a crime prosecuted ex officio, bears a social obligation to notify a Public Prosecutor or the Police about it. In case of certain crimes that social obligation is transformed into a legal one concerning an immediate notification to law enforcement authorities about the commission, attempt or preparation of any of these crimes. Failure to fulfil the legal obligation to notify law enforcement authorities shall result in committing a crime punishable by up to 3 years’ imprisonment.

The relevance of the article lies in the presence of problematic issues in establishing the guilt of a person who committed acts prohibited by the criminal code. The doctrine of criminal law stands on the positions of the psychological theory of guilt, in this connection, the establishment of the subjective element of the corpus delicti presents certain difficulties, which, in turn, lead to the admission of objective imputation. In this regard, an attempt has been made to analyze in detail one of the aspects of the criminal law theory of guilt – the attitude of a person to the consequences of a crime committed by him, as required by each of the forms of guilt. At the same time, the emphasis is placed on the possibility of foreseeing the social danger of those consequences that are enshrined in the criminal law, or are assumed as a result of a committed criminal act. It is concluded that it is necessary, within the framework of establishing guilt, to study in detail the psychological attitude of a person to the harmful consequences caused by the crime he has committed, which will contribute to a more accurate definition of the psychological signs of a crime and, accordingly, a more correct qualification.

The subject. The article analyses the practice of the Special Tribunal for Lebanon and its Judgement of 18 August 2020, rendered against those found guilty of a terrorist act and the impact on the progressive development of international criminal law.The purpose. This article seeks to define what goal the international community pursued in establishing the Special Tribunal for Lebanon from the perspective of international security law, international criminal justice, and counter-terrorism cooperation. The legal nature of the terrorist attack of 14 October 2005 is essential in this regard: is the crime is comparable in its gravity and consequences to the crimes of genocide or war crimes in the territory of the former Yugoslavia or Rwanda, which predetermined the subsequent establishment of ad hoc international criminal tribunals? Further, was the establishment of the Special Tribunal for Lebanon an attempt to make the crimes of terrorism an international crime in practice? Finally, was the establishment of the Tribunal an attempt to lay the groundwork for a new type of international judicial bodies with jurisdiction over crimes of terrorism? The methodology. The authors use such general theoretical and specific scientific methods as comparative analysis, generalization, interpretation and classification as well as systemic analysis and formal logical methods.The main results. The legal qualification and analysis of the circumstances of the terrorist attack do not enable the conclusion that the bomb explosion in Beirut was comparable in danger and consequences to any international crimes or was a threat to international peace and security. In its turn, the involvement of the Security Council in the establishment of the Tribunal does not unequivocally evidence its alleged attempt to create a purely international criminal structure.The choice of applicable law granted to Lebanon and the fact that the crime committed solely affected the interests of that State would qualify the Tribunal as an internationalized judicial body, whose work would focus on defining the crime of terrorism through a broader lens of interpreting national legislation. In other words, the impetus for development has been given not to international but national criminal law.The Tribunal was created neither to progressively develop international criminal law with regard to defining terrorism as an international crime nor to advance the international criminal justice system. Rather, it was an attempt to address Lebanon’s specific political and legal challenges.Conclusions. The outcome of the Tribunal’s work could have a rather negative impact on the development of international criminal law, discrediting the very idea of enabling “peace through justice” and uniform, consistent application and interpretation of international criminal law.

AbstractIt is a common understanding in the civilized world that we should protect our environment from further damage, no matter upon what kind of political or ideological background this understanding is based or upon what kind of development level. 1 In the academic field, people are more interested in discussing HOW to protect our environment. We all generally agree that this is also a very important issue, because the methods and ways people take in environmental protection do not only re flect their perspectives in their understanding in protecting environment, but also provide us with an ef ficient and economical ways to do so. In order to achieve this academic object, the exchange of academic ideas and information and a comparative study is of great signi ficance. This article, therefore, is an attempt promote this kind of exchange and comparison.