CRIME CUMULATION ACCOUNTED BY THE LEGISLATOR BY DEFAULT

Агаев И.Б.
Совокупность преступлений, учтенная законодателем по умолчанию.
Proceedings of International conference «Modern problems of juridical sciences» dedicated to Heydar Aliyev’s 87 anniversary.
Baku, 2010, pp. 155—163. 0,8 quires.

The academic paper reveals features of crime cumulation accounted by the legislator by default. The author reasons that corpora delicti of many crimes include actions which in itself recognized as crimes. They can operate as means or method for committing another crime, but in this case they aren’t directly allocated with the legislator as such. According to the author, in this case it isn’t on correlation of the general and special norms, but it is about complex corpus delicti which is considered as whole and includes the part representing other corpus delicti. Establishment of existence or absence of the accounted cumulation in this case shall be implemented through the interpretation of the criminal law. It entails numerous discussions in scientific literature and different approaches in practice.