Issue 5 (2016)

COMPARATIVE ANALYSIS OF GERMAN AND GENESIS MODELS OF CONCEPT OF CRIME

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Abstract: In the Section 1 of Article 7 of Criminal Code of Georgia, it is reflected German model of the concept of crime with the following three elements: composition of action, its illegitimacy and blame of entity. Unfortunately, the genesis of criminal action it is not taken into consideration in this model of the concept of crime, as the conduct of the crime does not begin with the implementation of legislative composition of action, but with the blame of the entity, when the latter approaches to the action of lawful obligation with irresponsibility, i.e. with guilt. This infringes the obligation of lawful acts and then legislative composition of the action is executed. This is genesis model of the concept of crime, in which the criminal elements are set into contrary order to the German model: blame, illegitimacy and composition of action.

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