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the Author based on rich philosophical material analyzes the problem of the relation of being guilty of a crime and the fault of the sanction. The analysis of the being guilty is conducted in the four regions of study: legal, ethical, religious and psychological. This allows to identify the common features inherent in all four regions of the study and approach category of punishment for the crime. However, the sanction, the designated perpetrator by the court, that is the formation of the judicial discretion in sentencing, as the author suggests, is determined by three concepts archetypic inherent in consciousness: the revenge, same-value and kerygma. The author postulates that the perpetrator, depending on their level of self-awareness, is facing some form of sanctions for a crime.
Keywords:guilt, punishment, concept of crime, being guilty, deviance, sociopathy, conscience, remorse.
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