Sheveleva, S.V. Free will and subjective elements within the system of component elements of crime

Abstract: The article concerns the correlation between the terms “free will” and “guilt” as a necessary part of a subjective element within the system of component elements of crime. It is stated that these terms are not synonymous. Within the framework of the relation among the subjective elements within the system of component elements of crime the author compares free will with the institutions of causing damage with no guilt (Art. 28 of the Criminal Code of the Russian Federation (hereinafter, the Criminal Code); criminal sanity, criminal insanity and related institutions (Art. 21-22 of the Criminal Code); as well as the rules on criminal responsibility of persons, who have committed crimes in the state of intoxication (Art. 23 of the Criminal Code). The article includes a critical evaluation of the legislative provisions for causing damage with no guilt in Art. 28 part. 2 of the Criminal Code due to the fact that the denying elements are regarded not as objective, but as subjective elements. The results of the theoretical studies as well as a comparative approach towards the studies of criminal responsibility of persons, who have committed crime in a state of intoxication allows the author to draw a conclusion on the need of the “projection of freedom of will” when dealing with the issues of the responsibility for such persons.

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