Temporal Levels of Criminal Law: Significance for Theory and Practice

S. V. Malikov
2019 LEX RUSSICA (РУССКИЙ ЗАКОН)  
The use of methodological approaches of F. Brodel makes it possible to distinguish temporal levels in criminal law: finite and rapid changing. In the case of a crime, there are a number of crimes that have changed very slowly throughout history. The number of prohibited acts varied depending on the priorities of protection, leaving unchanged the protection of human life and health (murder, causing serious harm to health), state power (assault on the life of the sovereign and the foundations of
more » ... ublic administration) and property (theft, robbery, robbery). Another temporal level of crime is rapid changing, which is determined by opportunistic (primarily political) considerations and undergoes significant changes at certain stages of development of society and the state. The content of this level can be filled through the criminalization and decriminalization of acts counteracting which is relevant in a relatively short period of time. Among all the available punishments, history also allows us to determine similar temporal levels. The death penalty, imprisonment and a fine can be referred to the finite one. All others (correctional labor, forced labor, exile, corporal punishment, deprivation of the right to occupy certain positions, etc.) are opportunistic or belong to the rapid changing temporal level. Methodologically, this division of the criminal law and its fundamental categories makes it possible not only to organize comparative legal research, develop rules of criminal law policy on criminalization and decriminalization, penalization and depenalization of acts, but also to predict the further development of criminal law, criminal law and criminal law doctrine.
doi:10.17803/1729-5920.2019.149.4.104-116 fatcat:ggp6g7736zge3kxhlw65o4ddqm