Burglary: criminal and legal and criminalistic analysis

Abstract

In the theory and practice of domestic criminal law, the elements of the composition of burglary are still abstract. The author showed the difference between the criminal and law notion of a «subject of a crime», which is an element of the composition of a burglary and a «subject of a crime» as a structural material element of a specific manifestation of burglary. On the basis of this, the author pointed to the unspecified, abstract criminal and legal nature of the subject of the theft, which does not contain any forensically relevant information suitable for the disclosure and investigation of this type of crime. The subject of the crime as a
material element of the criminalistic structure of theft has such information. As a result of the study, it was concluded that it is necessary to improve the scientific categories of criminal law and criminalistics in order to ensure the interdisciplinary integration processes developing in science.