Subjective Side Of The Crime «Illegal Use Of Special Technical Means Of Secret Information» (Art. 359 Of The Criminal Code Of Ukraine)

Abstract

The article examines the question of subjective side of the offense in Art. 359 of the Criminal Code of Ukraine.

It is established that illegally using special technical means secret information, the guilty person is aware of the illegality of such use. To this end, the perpetrators sufficiently aware of the social danger of such use, lack of a proper legal basis for the use of special technical means of secret information. This follows the rule «ignorance of the law does not exempt from liability». Mental attitude of a person guilty before significant damage from the use of special technical means of secret information can be as intent, direct or indirect, and negligence - in the forms of arrogance, negligence. Addicted to face such consequences of a crime should be distinguished from its relation to the possibility of their occurrence.