Understanding the Fundamental Nature of Crime in Criminal Law

Abstract

The paper examines the ontological aspects of understanding the fundamental nature of a crime and its characteristics in the doctrine of criminal law and in legislation. The crime is viewed through the prism of a single systemic concept and in connection with those features that fill its content. The author analyzes the main models and theoretical concepts that can be involved in legislative activity when constructing a generic concept of crime and characterizing its features. The emphasis is given to the fact that the main thing in formulating the essence of the crime should be the harm caused to social values. Crime is not an exclusively socially dangerous act. An act may be socially dangerous, but not criminal, because it does not carry a charge of causing harm. From this point of view, it is argued that an act that causes harm to protected values, committed by an individual is guilty and the elements of which are specified in the criminal law, should be recognized as a crime.