Historical Evolution and Comparative Analysis of Tatbestand and Corpus Delicti in Criminal Law Theory

Abstract

This article examines the historical evolution and comparative development of the concepts of Tatbestand and corpus delicti and their significance in the formation of modern criminal law theory. Through doctrinal, historical, and comparative legal analysis, the study explores the transformation of the German concept of Tatbestand into the Soviet doctrine of Sostav Prestupleniya and its subsequent influence on the development of Mongolian criminal law. The research draws upon criminal law theories, legislative reforms, and scholarly works from Germany, Russia, the former Soviet Union, and Mongolia to identify the theoretical foundations and methodological differences between these approaches to criminal liability. The analysis demonstrates that Tatbestand developed within German criminal law as a distinct legal category forming the first stage of the three-tier structure of criminal liability, consisting of statutory elements, unlawfulness, and culpability. In contrast, Soviet criminal law transformed this concept into the four-element doctrine of the corpus delicti, which integrated the object, objective aspect, subject, and subjective aspect of a crime into a unified framework for determining criminal responsibility. The findings reveal that Mongolian criminal law doctrine was largely shaped by Soviet legal scholarship and that the four-element model became deeply embedded in legal education, academic discourse, judicial reasoning, and law-enforcement practice throughout the twentieth century. The study further finds that although the Criminal Code of Mongolia (2015) introduced important conceptual and terminological reforms, the practical methodology used to interpret and apply criminal law continues to reflect the traditional corpus delicti framework. The article concludes that a clearer understanding of the historical relationship between Tatbestand and corpus delicti is essential for the continued development of Mongolian criminal law theory. On this basis, the study proposes recommendations aimed at strengthening doctrinal coherence, improving methodological consistency, and promoting a more systematic and comparative approach to criminal legislation and legal interpretation.