Features Of Subjective Attributes Of State Treason: Criminal Law And Psychological Analysis

Nekruz Kudratov

The scientific views and legislative prerequisites concerning the subjective features of treason are analyzed. Methods: in this article an attempt is made to comprehensively analyze the subject and subjective side of treason, so that in practice law enforcers correctly apply Art. 305 of the Criminal Code of the Republic of Tajikistan. This analysis was carried out on the basis of existing legal acts and documents and using doctrinal approaches. Findings: It is established that the subject of state treason is special. State treason can be received by virtually every person who possesses common (natural, imputable or limited-sense person who has reached the age of sixteen) and special (presence of citizenship of the Republic of Tajikistan) signs of a crime subject - from the President of the Republic of Tajikistan to an ordinary person. The peculiarities of the subjective side of the crime of state treachery have been established. In particular, it is stated that state treason is committed solely with direct intent, since the relevant crime is described as having a formal composition. It is also a direct intention to undermine the sovereignty, territorial integrity and inviolability, defense, state, economic or information security of the Republic of Tajikistan.

Volume 12 | Issue 2

Pages: 2863-2869