Discussion aspects of the normative approach to understanding the corpus delicti

Today it seems possible to ascertain the existence of dualism in the science of criminal law in the understanding of the category of corpus delicti, and specifically, the existence of objectivist and normative approaches. In the framework of the normative approach, the content of the concept of the corpus delicti, the separation of its general and specific types, the ratio of the crime and the corpus delicti, the criterion for its establishment, as well as the place and significance of the corpus delicti in the basis of criminal liability, have not been established. Purpose: the formation in the science of criminal law of a systematic idea of the main provisions, the existing contradictions, and the existing depth of the scientific discussion within the framework of the normative approach to understanding the corpus delicti, aimed at further improving the general doctrine of the corpus delicti. Conclusion: the presence of the discussion aspects discussed in the study does not allow us to talk about the integrity and completeness of the normative approach to understanding the corpus delicti. Social and practical applicability: the findings of the study, the findings, if they are taken into account by the researchers of the doctrine of criminal law, will be able to overcome the contradictions that exist within the framework of the normative approach, and to form a unified idea of the corpus delicti as a fundamental criminal law category. Also, the materials set forth in the article can be used in studying by students of various levels and forms of preparation of the General Part of the Criminal Law of the Russian Federation.

general doctrine of the corpus delicti, normative approach, corpus delicti, crime, basis of criminal liability, ratio