Wrongfulness of the act and current issues of legal regulation

Abstract

It is important that in determining the delictual capacity of an individual, his guilt and the nature of mental attitude to the deed, which can be expressed in the form of intent and negligence, should be taken into account. This requires the establishment of three signs, including awareness by a person of unlawfulness of committed actions, anticipation by a person of the onset in socially harmful (socially dangerous) consequences and a person's attitude to the consequences that have occurred. It should be taken into account that during the reform of the criminal law, close attention should be focused on the presence of a person's motivation for unlawful behavior and the factors that determine it. Among such factors it is proposed to include biological features of personality, including sex, age, state of physical and mental health, state of nervous system, reaction to external stimuli, the presence of pathological deviations, character traits, temperament, level of emotional perception, intellectual and mental abilities.