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The notion of general interest in the point of view of transition to a formal concept of crime

Publication at Faculty of Law |
2019

Abstract

The chapter deals with the concept of general interest in defining criminally relevant conduct. The author criticizes the use of this vague notion as a certain elements of several crimes, especially in bribery offenses.

It points out that, despite the change of concept in the concept of a criminal offense, ie the removal of social danger as a conceptual feature of a crime, the recast Criminal Code retained the wording of the certain elements in which the general interest is contained. The complexity of the interpretation of the concept of public interest in certain specific cases in connection with the formal concept of a crime and depresses the requirement of legal certainty.