The influence of the conscience clause and cultural defense on the appraisal of the structure of crime

Keywords: conscience clause, cultural defense, crime, legislative lawful excuse (justification), non-legislative lawful excuse, circumstances excluding guilt

English abstract: The submitted study is devoted to the clause of conscience and cultural defense. The initial arguments are focused on explaining the indicated terms, by referring to current doctrinal positions. The basic course of considerations – devoted to primary and secondary legality, legislative and non-legislative lawful excuses, circumstances reducing or excluding guilt – is an attempt to answer the question of where in the structure of crime is a place for conscience clause and cultural defense.

Received: 28.03.2017
Accepted: 07.08.2017