Что есть преступление и его состав?Subjective and objective signs and their combination, established by criminal law, which characterize a criminal act dangerous for society, determine the basic meaning. The corpus delicti serves as the basis for criminal liability. Criminal legislation of the Russian Federation does not disclose the concept itself, however, they are widely used investigative and judicial practice, the theory of law, the Criminal Procedure Code and the Criminal Code.
The corpus delicti consists of only four elements:
a) the object of the crime to which the encroachment is directed (benefits, values, public relations, which should be protected by criminal law);
b) the objective side (that is, the very dangerousthe act, its external side, the consequences for society and the clear link between crime and consequences; tools, method, means, time, situation, place where the crime was committed);
c) the subjective side (that is, whatis inside the committed crime: mental state, attitude of the criminal to the crime and its consequences: intention or negligence, purpose and motive, emotional state at the time of the act);
d) the subject of the crime (sane person at the age of criminal responsibility).
For conducting any kind of legal activity each of the above elements is crucial.
The corpus delicti has also features that characterize these elements, they are also four groups:
a) those signs that characterize the object itself, the subject of the crime and the victim;
b) the characteristic of the objective side (the act and consequences of the crime, the causal link established between them, the time, the setting, the means, the method, the instruments and the place);
c) the subjective side also has its own characteristics: guilt, motive, emotions, purpose;
d) the characteristics of the subject (the responsibility of the individual, the age at which criminal liability is possible).
The attributes of each of the four elements are also fundamental. The corpus delicti has mandatory and optional elements.
Required items must be available, andthe absence of at least one of them means the complete absence of the composition. The value of mandatory elements of a crime, including their objective side, should be composed of:
The significance of the elements of a crime is enormous, only they can determine the competence of criminal prosecution.
Optional elements are needed to construct the elements of a crime as additional to the main ones, may become mandatory for the investigating squad and optional for the rest. For example:
a) regarding the object: the victim and objects;
b) from the objective side - place, situation, time, method, tools;
c) relative to the subject - a special subject;
d) from the subjective side - emotional state, purpose and motive.
The significance of the elements of a crime is truly great, since their presence will be the only argument for criminal liability.
The composition of the crime in a significant waydiffer from each other, their similar features can also be divided into four parts. It is precisely with the definitions that the meaning of the crime is clarified. Their types are as follows.
1. The degree of generality in the systemic signs of crimes: general, generic, specific and specific compositions.
2. The degree of public danger of the investigated crime indicates the basic, privileged and qualified compositions.
Signs of the first two types show how great is the significance of the corpus delicti. The types of them precisely distinguish the degree of punishment for the offenses committed.
Ways of describing the signs of compositions in the lawscrimes can be of three types: simple, complex and alternative. The first composition gives all the subjective and objective signs once, the complex contains additional signs or elements in quantitative terms, the alternative composition is a kind of complex, and its peculiarity is that there is an indication of the options of a criminal act or mode of action, which are all at once or each individually determine the composition of the crime. Thus, this or that value of objective evidence of a crime is manifested.
Features of the design features of the object and itsobjective side - at the time of the end of the composition may be material, formal or truncated. In the first compositions, together with the act a sign of a crime constitutes the consequences without fail, and the crimes themselves can be considered completed as soon as the consequences dangerous for the society stipulated by the laws occur. The formal composition has an indication of a purely dangerous for society action or omission, which serves as the basis for responsibility, and it does not depend on the onset of the consequences of the action. The truncated corpus delicti (notion, meaning, signs) has such a construction that the crime is considered completed at an earlier stage - from the moment the act was committed, from the attempt or preparation for the criminal act, and it does not depend on the completion of the planned.
The category of crime for a long timewas used exclusively widely in practice, however, until recently the criminal law did not use this definition. The Criminal Code of the Russian Federation secured, finally, the decisive role of such a concept, although it did not give a clear definition. But this gap was filled by the theory of law.
Значит, состав преступления - это предусмотренные in the hypotheses and dispositions of the criminal law and characterizing a particular socially dangerous act as a crime, subjective and objective elements (features) acting in the system. Here is the main definition: a system in which elements (features) are the meaning of a crime. It was already mentioned above that the crime consists of four subsystems: the object and its objective side, the subject and its subjective side. The significance of the elements of the crime is that they are all grounds for criminal liability. If at least one element is missing, criminal liability is not foreseen. For example, if a crime was committed by a deranged person - this is the absence of the subject of the crime.
Законодательно сформулированные в Уголовном Code of crime based on the study of current situations and the commission of certain actions of people who began to show upward trends, are undesirable and harmful from the point of view of the public. The criminal-legal significance of the crime is a code that is adequately built and correctly reflects the entire system of relations developing in society, their distortions that impede public benefit activities and undermine justice are especially dangerous.
The legislator is like a natural scientist, notwho makes laws and does not invent them, but only to a formulator, who tries to express internal laws in spiritual laws regarding spiritual relations. Similarly, the meaning of a crime in criminal law is expressed in the Criminal Code (Special Part), where one crime can be distinguished from another. For example, theft from extortion, robbery from hooliganism is distinguished only by different signs of the composition of these crimes.
First, a little about Roman and English law.In ancient Rome, under the theft understood the violated property rights, including unpaid debt. English criminal law theft considers various methods of infringement on another's property, even if a person appropriated something found or cheated with electricity. And in Russia, criminal law concludes specific offenses, the list of which is exhaustive.
And that means criminally punished andto recognize a crime can only behavior that coincides with the characteristics of this particular composition. The legal implications of a crime in the Criminal Code are reflected in the form of not all consecutive factual signs, but the most significant and typical subjective and objective, in the aggregate characterizing this act as socially dangerous.
In separate articles (Special part of the Criminal Code)describes the characteristics of a purely completed corpus delicti, which the perpetrators committed together with co-perpetrators or alone. Nevertheless, the General Part of the Criminal Code contains provisions for unfinished crimes, which include preparation or attempted crime.
The value of the subjective side of the compositioncrimes in that the General part describes the signs of both individual and peculiar to all crimes. When a person performed, for example, the functions of an instigator, organizer or accomplice and did not personally perform the actions of a crime, then the composition of the organization, incitement or aiding is considered in the act For each criminal step has the corresponding signs.
Any crime can be characterized by the mostdifferent subjective and objective signs, features and features inherent only to him. Articles of the Criminal Code (Special Part) indicate only the most stable elements in structure and their constituent attributes: the object, the parties to the criminal act, both subjective and objective, after which the act is determined or not defined as a crime throughout the system. The significance of the objective side of a crime is important precisely because it deals with inaction or action, a consequence dangerous to society, circumstances of time and place, causal connections, circumstances, means and methods, tools for committing a crime - that is, signs that determine the composition.
Only summarizing the characteristics of each composition.crime resistant signs, you can create some kind of scientific abstraction, constituting a general concept, which includes the above signs, all four of their groups (also called parties to the composition or its elements). They give a description of the object, its objective side, the subjective side and the subject of the crime. This model (concept) is usually used in educational institutions and has great methodological value. Since each side of the crime has its own specific characteristics, each of them is specific and unique in its own way.
In the general corpus delicti arenecessary, that is, mandatory for any composition, signs, as well as a number of individual, non-characteristic, optional. For example, a place, a time, a means, an instrument, methods of committing a crime, its consequences and the environment in which it all happens are far from being included in a certain corpus delicti, but inaction and action are an objective side, and its signs are required for each composition. However, the elements of the crimes are not specifically spelled out signs mandatory or optional in the Criminal Code (special part). Signs of such a plan are evaluative or formally defined, since they are described by verbal means — specific legal terms, concepts, well-known words.
There are several criteria, that is, grounds forwhich are classified crimes in the Criminal Code (special part). The number of mandatory signs of the objective side and the construction of the corpus delicti indicates a subsection: material is a composition, formal or truncated. An example of material composition: negligence (part 1 of article 293 of the Criminal Code), in which there are no aggravating circumstances. Here it is necessary to establish as a criminal consequence large-scale damage caused, substantial violation of the legitimate interests and rights of organizations or citizens or the interests of society, the state protected by law. If aggravating circumstances are present (part 2 of the same article), this means causing grievous bodily harm or even death of a person caused by negligence. If there are especially aggravating circumstances (part 3 of the article of the same) - causing death to two or more people by negligence.
An example of a formal composition for specificthe consequences does not indicate whether there is enough inaction or action provided for by the Criminal Code article. The consequences are usually outside this crime, and if they do exist, they are taken into account when sentencing. For example, the composition of the obstruction of electoral law or the creation of interference in the work of election commissions. Truncated formulations are a kind of formal, just the end of the act is transferred to the early stage of the crime. For example, robbery (Article 162) is formulated as an attack for the purpose of embezzlement of property, where violence threatening health and life is used, or the threat of such violence. Robbery - a completed crime from the first moment of the attack. The end of his law postponed to the time of the attempt, when the seizure of another's property has not yet taken place.
