A retrospective study of criminal law fiction in norms The Cathedral Code of 1649
Ретроспективное исследование юридических фикций в нормах уголовного права Соборного уложения 1649 года
2022-07-06
SCID: 54.1/vbga3688
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Cathedral Code of 1649Russian legal historycriminal law fictioncriminal liabilitynaked intent
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Abstract (AI)
The article presents a retrospective study of the criminal law norms of the Cathedral Code of 1649, constructed with the help of legal fiction. It is determined that it underlies the responsibility for the so-called “naked intent”, which consists in expressing criminal thoughts outside, not supported by preparatory actions. The conclusion is made about the conditionality of its application by a number of political, legal and socio-economic factors.
Key Findings
1
Legal fiction underpinned liability for “bare intent,” meaning criminal thoughts expressed externally without accompanying preparatory actions.
2
The Cathedral Code of 1649 constructed certain criminal-law norms through the use of legal fiction.
3
The application of liability for “bare intent” was conditioned by political, legal, and socioeconomic factors.
Research Object
criminal law norms of the Cathedral Code of 1649
Research Subject
the use of legal fiction to establish liability for “naked intent” and its conditioning by political, legal, and socio-economic factors
Publication Details
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2022-07-06
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