2021/06/01 by Latvijas Universitātes Juridiskā fakultāte, Māris Leja · 1 voice
Social Sciences · #Criminal Law and Evidence #Criminal Law and Policy #European Criminal Justice and Data Protection
paper · pdf · doi:10.22364/juzk.79.57
openalex publication_date 2021/06/01 · openalex created_date 2021/07/05 · openalex updated_date 2026/07/26
The article deals with the flaws of the Criminal Law in determination of the particular form of mental element (mens rea) which is required for the specific criminal offense. Taking into account that the majority of legal provisions does not contain such indications, one of the elements of criminal offense is not described by the law. Such legislator`s approach raises doubts about the compliance of the Criminal Law with the principle of legal certainty. The article also criticizes opinions expressed in legal theory that attempt to fill the gaps allowed by the legislator, as well as offers amendments to the Criminal Law aiming to improve its coherence.