КЛАСИФИЦИРАНОСТ И КВАЛИФИЦИРАНОСТ НА НАКАЗАТЕЛНАТА ОТГОВОРНОСТ

             The legal means and methods of each society include the criminal law as the highest protection against the considerable threat of misdeeds. They envisage and promulgate the criminal behavior with its corresponding felonious liability classification.  Its’ practical application requires deep detailed elicitation of the malicious (criminal) inducements and motives towards a public threat goal, and cannot be implemented without a clear differentiation of the composite qualifications.

            The construction of the material law is not provided in accordance with all forms of guilt-malice, premeditation and recklessness, which qualifications are not structured in an organized form of methodological classification according to the degree of public threat deriving from the criminal behavior in relation to the executive act. The inadequate differentiation of the felonious liability results also in process difficulties, which limits the application field of determining the degree of penalty, based on its’ subjective elements. Thus a concrete criminal act (action or inaction) features a very narrow formal and logical adequacy in determination of the crime.

            The common theory of law considers the term “act” as a part of the subjective behavior representing a behavioral deed not implying the whole criminal behavior before resulting in a public threat, and before indicating the real goal of the crime composition. The indubitable scholastic conclusion implies the need of a contemporary deductive approach for a legislative initiative against malicious (criminal) behavior.

            The application of the criminal law theory could be more effective in its’ differential development according to the basic characteristics of the civil law. It also has ought to possess a scholastic features and to be a guide in the intricate labyrinths of forming of the malicious behavioral acts, according to their objective as well as subjective elements. Hence, the continuous development of the theory and its enhancement in accordance with the latest requirements of the social life and scholastic progress is of great importance.