The effect of custom on mental element of crime and factors of criminal responsibility deterioration

The principle of Legality leads to the fact that a significant number of jurisprudents consider Custom as one of the guidance resources. The analysis of Custom impact on legal concepts and inference of criminal articles clarifies that custom should be taken into account in correct understanding of law and it cannot be denied by lawyers and judges in theory and practice. This article shows that the mental element of crime and factors of criminal responsibility deterioration are not based on abstract criterion. It also determines Custom role on the above mentioned items. Since the legislator does not define the legal factors of criminal articles, Custom should come into discussion. Moreover public manners in society are utilized as a Custom criterion in evaluation of mental factors leading to criminal behavior. Thus, Custom is considered as a mandatory resource.