Problem of Guilt and Integrity of Its Forms in Court (Concept of indifference in the difficulty of guilt forms) / ბრალისა და მისი ფორმების ერთიანობის პრობლემა სასამართლოში (გულგრილობის ცნება ბრალის ფორმების პრობლემატიკაში)

Guram Nachkebia

Abstract


In the report the following thesis is proved, that the term “indifferent” is divided with regard to theforms of guilt and is the sign of irresponsibility of a person before the state. In particular, in case of direct intent person foresees inevitability of an unlawful consequence, however he/she does not want it, but by uncertain motivations he/she accepts it or indifferently treats the outcome. The concept of indifference is leading in the notion of the eventual intention, and this indifference is expressed by the negligence as well (official indifference – Criminal Code of Georgia (CCG) Article 342) and specifically also – by complacency.
Taking into consideration that the forms of guilt are set by the Investigation making prospective conclusion regarding guilt (see first paragraph of Article 169), and according to the CCG Article 269, the Court unconditionally is not allowed to base the decision on assumptions – then the Court is obliged to trustworthily ascertain not only the legal composition of the conduct, but also the unlawfulness of the act and the guilt of a person, as a subjective reason for an unlawful act.
The method used by the Court in this case is reduction, i.e. retro conclusion regarding the unlawfulness of the act and the guilt of a person, which precede the execution of the legislative composition of the conduct. In a word, the Court devolves a form of culpability to guilt, and guilt is nothing more than an irresponsible approach towards the obligation of an illegal act.


Keywords


indifference; person; guilt;

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