The concept of "crime" in criminal lawquite difficult to uncover. In order for a certain action to become criminal, it is necessary that a number of conditions come together. In everyday non-legal language it is necessary to say that the perfect action should be spelled out in the law. And how it is spelled out is included in the notion of “crime composition” - this is a complex of signs that are provided for in the law (primarily in the Criminal Code) and which identify a specific act as criminal.
Signs of the composition
All signs are divided into two large groups -objective and subjective. In turn, each group is divided into two more varieties. The object and the objective side are distinguished in the first group of characteristics, the subject and the subjective side in the second. In general, the object of the crime is what the action is directed at (human life, property). The objective side is expressed directly in the article (dispositions). A subject is a person who commits a wrongful act and possesses a number of signs: legal capacity, attainment of a certain age (16 years or 14 for certain especially dangerous formulations). The subjective side can be generally presented as a form of guilt (intent or negligence). In turn, intent is divided into direct and indirect, and imprudence - on frivolity and negligence.
The composition of the crime, the Criminal Code of the Russian Federation indicates this,must necessarily have a number of signs, without which it is impossible to qualify an act as criminal. These include: existing social relations, actions (or inactions) of a criminal nature, guilt and the presence of the criminal properties that were specified above. If there is not even one feature, then this excludes the crime of the offense, and therefore, the punishment can not be applied. There are also optional circumstances, which are also called optional. They may be in a particular case, but may be completely absent. For example, this is the weapon that committed the crime, the surrounding situation, the factors that influenced the criminal, the motives and purpose of the act. It should be noted the important role of facultative features.
The role of non-binding circumstances
The composition of the crime is a generalized formula, butin some of them the optional sign can become the main one. In addition, non-mandatory circumstances play an important role in qualifying, aggravating or mitigating punishment. For example, the victim was affected by the person, humiliating his human dignity. Or to crack down on a neighbor, the attacker set fire to a house, from which later other houses and buildings were lit up. In this case, the aggravating factors are obvious.
Value
The main role in criminal law is played byof crime. This is not by chance. It is he who determines whether this act will be criminal or not. Also part of the crime - is the possibility of proper qualification and delimitation of related illegal acts. For the correct application of the norms of the law, their uniform interpretation is important, which is especially important in criminal law, since human life is the main value.
