Annotation

In the work, based on the analysis of the norms of ancient Babylonian legislation, the process of formation of such a legal structure as the subjective side of a crime is studied. In particular, the laws of Hammurabi identified such signs of the subjective side of an unlawful act as guilt in the form of intent and negligence, direct and indirect intent, unlawful negligence, as well as a legal error. The author has proven that the subjective attitude of a person to the committed unlawful act was taken into account in ancient Babylonian law and was of significant importance when applying measures of responsibility to the offender, including establishing the degree of his guilt and the type of punishment applied. The desire of the ancient Babylonian legislator to observe justice in relation to those persons whose actions objectively caused harm, but when they were committed there was no intention to cause harm to others.