Problems of the Ontology of Criminal Law
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Abstract
The article presents a brief overview of general law ontologies. It introduces the concept of special ontology and defines the special ontology as a system of fundamental concepts that allows to describe the knowledge used in some particular area of law, for example, in criminal law. The article discusses the traditional (corpus delicti based) ontology of criminal law. It shows that this ontology is oriented to qualification of criminal acts and almost unhelpful in legislation because do not support decisions about criminalization of acts and about criminal sanction to be provided.
A legislation-oriented ontology is proposed. This ontology is based on the concept of the encroachment. It is assumed that any encroachment violates some social value and must be evaluated from this point of view. It is assumed also that the legislators regard the criminal law as one of the tools which purpose is to protect the social values (rights, freedoms and interests) recognized by the Constitution. The article sugest that the criminal law must have some flexibility and allow to the courts to provide criminal policy taking in the account the changes in the society. Formaly the ontology is described by frames similar to the norm frames proposed by Kralingen and Visser.
The paper demonstrates how the ontology can be used to design a harmonized system of criminal, administrative and civil sanctions. The proposed ontology enables to change currently used weak-defined sanction determination procedures to the systematic design process. The paper presents short instructions how to apply the proposed ontology in order to design the system of criminal sanctions.
A legislation-oriented ontology is proposed. This ontology is based on the concept of the encroachment. It is assumed that any encroachment violates some social value and must be evaluated from this point of view. It is assumed also that the legislators regard the criminal law as one of the tools which purpose is to protect the social values (rights, freedoms and interests) recognized by the Constitution. The article sugest that the criminal law must have some flexibility and allow to the courts to provide criminal policy taking in the account the changes in the society. Formaly the ontology is described by frames similar to the norm frames proposed by Kralingen and Visser.
The paper demonstrates how the ontology can be used to design a harmonized system of criminal, administrative and civil sanctions. The proposed ontology enables to change currently used weak-defined sanction determination procedures to the systematic design process. The paper presents short instructions how to apply the proposed ontology in order to design the system of criminal sanctions.
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