The concept of a crime (Article 14 of the Criminal Code of the Russian Federation)

Concept and signs of crime

In Art. 14 of the Criminal Code of the Russian Federation defines that “a crime is recognized as a socially dangerous act committed guilty of guilt, prohibited by this Code under threat of punishment.” The mentioned article provides a standard (generalizing) definition of a crime; it contains an indication of the most important signs of a crime that make it possible to distinguish a crime from other offenses that are not a crime.

Crime is an important category of criminal law, on which disciplines such as criminology, criminology, criminal procedure, etc. are based. They analyze the state, determine the procedure for creating an evidence base, and are used in the investigation of a crime. Crime, as a form of human behavior, is associated with a conflict between a particular person and society; accordingly, it causes a negative assessment from the state.

A crime is, firstly, an “act”, i.e. a form of human behavior prohibited by criminal law. In criminal law, such behavior is a sign of a crime and is designated by the word “act,” which includes both action and inaction.

Action is an active form of human behavior, it is a purposeful process, subordinated to the idea of the result that should be achieved, a process subordinate to awareness of the goal and taking measures to achieve the goal, in criminal law - a criminal goal. Action in the criminal legal meaning of the word is not just an active form of behavior consisting of physical actions, they must always be conscious and volitional. The action is always performed under the control of the consciousness and will of the person. Action is a specific act of human behavior. So, for example, an encroachment on the life of a law enforcement officer (Article 317 of the Criminal Code of the Russian Federation) is a single act of criminal behavior, and torture (Article 117 of the Criminal Code of the Russian Federation) is a whole system of actions. Most crimes can only be committed through active actions (theft, robbery, robbery, hooliganism, rape, banditry, etc.)

Inaction is a passive form of behavior of a person, failure to perform certain actions, which leads to the onset of socially dangerous consequences. In this case, the law or by-law imposes an obligation on the person to act properly. For example, a bus driver must ensure the safety of passengers and other road users. If he was distracted or for other reasons did not take timely and sufficient measures and hit a pedestrian or caused harm to the health of passengers, then, if other necessary signs are present, he should be held criminally liable for inaction. A criminal act is necessarily characterized by the sign of social danger of the act.

In criminal law, social danger acts as a property of human actions, taken into account by the legislator when criminalizing, i.e., establishing criminal law prohibitions on certain types of acts that harm society. When a criminal ban on the commission of a specific act has already been established, then social danger appears in legal meaning as a social property, reflecting the material sign of the crime. In criminal law, the social danger of a crime is understood as the ability of an act to cause harm to social relations or pose a threat of causing such harm. To reveal the social danger of a crime means to show what harm this crime brings to society. The meaning of the category of social danger consists, firstly, in the real and not fictitious danger of the act; secondly, it refers to the danger of a certain behavior of the offender - action or inaction. Public danger is an objective category that does not depend on the will of the legislator; it establishes a prohibition of such acts in specific provisions of the criminal law. The social danger of a criminal act is determined by the importance of the object of the criminal offense, the nature and size of the criminal consequences, the method of its commission, the form of guilt, etc. In the criminal law literature, the opinion is expressed that the social danger of a criminal act is influenced by the personality characteristics of the criminal. There is no doubt that the social danger of a crime also reveals the personality characteristics of the criminal, but personality reflects certain qualities of a person and is recognized as socially dangerous only after the perpetrator has committed a crime. Criminal legislation distinguishes between the concepts of social danger of a crime and public danger of the personality of the criminal (Articles 61, 63 of the Criminal Code of the Russian Federation).

Social danger consists in the ability of an act committed by an offender to cause significant harm to social relations protected by criminal law - the individual, society, and the state. The social danger of a crime has qualitative and quantitative characteristics.

The qualitative sign of the social danger of an act is determined by the nature of a specific crime, for example, theft, robbery, murder have a qualitatively different nature. This feature characterizes the material aspect of any crime, since the social danger of an act means the actual harm caused to social relations as a result of the crime or the creation of a threat of causing such harm. The qualitative aspect of the crime is expressed in the object of criminal legal protection, which is encroached upon by the criminal, for example, a secret form of encroachment on property during theft, or forcible seizure of someone else's property during robbery, or an attempt on life during murder. The quantitative side of the social danger of a criminal act is most often associated with the amount of harm caused, for example, a significant or large amount of stolen property during theft, the murder of two or more people during an attack on life, etc.

The qualitative aspect of the social danger of a crime is called the nature, and the quantitative aspect is called the degree of public danger. The qualitative aspect is expressed in the value of the object of encroachment, for example, property is a less valuable object than human life. The degree of public danger of a criminal act is a measure of the harm caused by the crime. The degree of public danger is the basis of the classification criterion of crimes; according to the degree of public danger, crimes differ from each other within a given group of crimes, for example, simple and qualifying, i.e., having aggravating circumstances. The degree of public danger of acts is taken into account by the legislator when constructing criminal legal sanctions and reflects the danger of crimes of this type. Circumstances that influence the degree of social danger of an act also include the method of committing the crime. Theft, fraud, robbery and robbery belong to the group of crimes against property (Articles 14, 158, 159, 161, 162 of the Criminal Code of the Russian Federation).

Their immediate object is the same - a specific type of property, but they differ from each other in the method of committing the crime. As the degree of public danger of a crime increases, the following scheme is used: theft, which in terms of the method of committing a crime is a secret abduction, robbery is the open theft of someone else's property, and robbery is an even more serious method in terms of the degree of public danger, since it involves the use of violence in an attack on someone else's property. property. The degree of public danger of a criminal act is also influenced by the severity of the harm caused (criminal consequences). Criminal consequences, on the one hand, influence the qualification of the crime, and on the other hand, they play a significant role in assigning punishment. The degree of public danger of a criminal act also depends on the motive and purpose of the act committed. Crimes committed through negligence, as a general rule, pose less danger to society than intentional crimes.

A socially dangerous act committed by a person can only be recognized by the court as a crime if the law establishes a criminal law prohibition against it. In other words, in accordance with the content of Art. 14 of the Criminal Code of the Russian Federation, a crime is a socially dangerous action (inaction) that is provided for by criminal law. A crime is not only a socially dangerous act, but also at the same time an illegal act, since the commission of a crime is always associated with a violation of a criminal law prohibition. A crime always has an inherent element of illegality.

Wrongfulness is a normative feature of a crime. So, for example, in Art. 209 of the Criminal Code of the Russian Federation defines banditry as the creation of a stable armed group (gang) for the purpose of attacking citizens or organizations, as well as the leadership of a gang. In this provision, the criminal law prohibition is expressed quite clearly. Unlawfulness includes cases when a criminal law prohibition is established by the norms of another branch of law, that is, it is expressed in the norms of the so-called “blanket disposition”. So, for example, in Part 1 of Art. 264 of the Criminal Code of the Russian Federation establishes liability for violation of traffic rules and operation of vehicles, which, through negligence, resulted in the infliction of grave or moderate harm to human health. This illegality is characterized by the fact that liability for the violation of traffic safety rules itself is provided for by the Traffic Rules, which relate to the branch of administrative law of the blanket part of the disposition, and criminal liability is established for the occurrence of consequences in the form of harm to health.

The hallmark of a crime is the guilt of the person who committed it. A crime can be recognized not just as a socially dangerous and illegal action or inaction prohibited by criminal law, but also necessarily committed by a person guilty. The principle of guilty responsibility of a person for a socially dangerous act committed by him is proclaimed in Art. 49 of the Constitution of the Russian Federation, which is enshrined in Art. 5 of the Criminal Code of the Russian Federation, which states that a person is subject to criminal liability only for those socially dangerous actions (inactions) and socially dangerous consequences for which his guilt has been established. Objective imputation, i.e. criminal liability for innocent causing of harm, is not allowed. According to Art. 24 – 28 of the Criminal Code of the Russian Federation, a person guilty of committing a crime, i.e., who committed it in the form of intent or negligence, can be held criminally liable.

Sign of a crime according to Art. 14 of the Criminal Code of the Russian Federation is punishable. The latter means that the person has guilty committed a socially dangerous act established by criminal law, for which criminal liability and punishment are provided. The sign of punishability is inextricably linked with the sign of criminal wrongfulness. If illegality is expressed in the dispositions of articles of the criminal code, then punishability is expressed in sanctions. At the same time, the sign of punishability does not mean that every crime committed must inevitably be punished. For the crime committed, other measures of a criminal legal nature may be applied, for example, to minors who have committed crimes of minor or medium gravity for the first time, if it is recognized that his correction can be achieved through the use of compulsory educational measures, punishment will not be applied, and this measure is prescribed (Article 90 of the Criminal Code of the Russian Federation).

In Part 2 of Art. 14 of the Criminal Code of the Russian Federation determines that “an action (inaction) is not a crime, although formally it contains signs of a crime, but due to its insignificance it does not pose a public danger.” Such a person will not be held criminally liable. The issue of recognizing an act as insignificant is decided in each specific case, taking into account all the circumstances that reflect the public danger.

It must be emphasized that an act is considered insignificant only if, when intentionally committing a crime, the intent of the perpetrator was aimed at committing just such an act. In criminal law, a strict rule has been developed according to which the absence of damage caused by circumstances beyond the control of the will of the person committing the act cannot characterize such an act as minor. Thus, a person who enters an office premises with the aim of stealing a large amount of money and actually discovers an insignificant amount is subject to liability for attempted theft of someone else's property on a large scale. There is no insignificance of the act in this case. Committing a minor act is not a crime. Acting as an offense that is not of a criminal nature, it may entail the application of other legal measures, such as administrative or civil liability.

Definition of “crime”

Note 1
Crime is one of the key concepts of criminal law. To protect the most important social relations, legal science determines which acts dangerous to the individual, society or state are considered criminal. This category includes human behavior that causes significant harm and violates established moral principles.

The concept of crime has changed with the development of social institutions. Criminal law has gone through a significant development path from the first tribal laws to the modern state. And this process continues along with the improvement of the legal system of the state.

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Figure 1. The concept of crime.Author24 - online exchange of student work

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Categorization of crimes and application in criminal law

In the previous criminal legislation - the Criminal Code of the RSFSR of 1960 - there was no clear classification of crimes. The basis for the classification of crimes named in Art. 15 of the Criminal Code of the Russian Federation of 1996 categories, lay down such criteria as the nature and degree of social danger of acts, the form of guilt, the amount and type of punishment determined by sanctions for the specific crime committed. In the categorization of criminal acts established by the Criminal Code of the Russian Federation, they are all divided into four categories. The first category includes acts that pose the least danger, and the fourth category includes especially serious crimes.

The first category - crimes of minor gravity - includes intentional and careless acts for which the maximum punishment does not exceed three years in prison (Part 2 of Article 15 of the Criminal Code of the Russian Federation).

The second category - criminal acts of moderate gravity (Part 3 of Article 15 of the Criminal Code of the Russian Federation) - includes intentional and careless crimes, the maximum penalty for which does not exceed five years of imprisonment, and careless acts, for the commission of which a penalty exceeding three years is provided. imprisonment.

The third group of crimes, called grave crimes (Part 4 of Article 15 of the Criminal Code of the Russian Federation), includes intentional crimes, the sanction for which does not exceed ten years in prison. Sanctions for this category of crimes, therefore, may be: in the case of an intentional form of guilt - over five years of imprisonment, but not more than ten years, and in the case of a careless form - over three years, but not more than ten years.

The fourth category of crimes, called especially grave (Part 5 of Article 15 of the Criminal Code of the Russian Federation), includes intentional acts, sanctions for which in the articles of the Special Part of the Criminal Code provide for punishment of more than ten years in prison or a more severe punishment. The categorization of crimes established in the Criminal Code of the Russian Federation has important practical significance, since it must be taken into account both when classifying crimes and when assigning punishment. The categorization of crimes is taken into account when establishing dangerous and especially dangerous recidivism (Article 18 of the Criminal Code of the Russian Federation); preparation for a crime (Article 30 of the Criminal Code of the Russian Federation); assigning convicts a type of correctional institution to imprisonment (Article 58 of the Criminal Code of the Russian Federation); imposition of the death penalty (Article 59 of the Criminal Code of the Russian Federation); imposing punishments for the totality of crimes (Article 69 of the Criminal Code of the Russian Federation) and for the totality of sentences (Article 70 of the Criminal Code of the Russian Federation); exemption from criminal liability (Articles 75–78 of the Criminal Code of the Russian Federation), expungement or expungement of a criminal record (Article 95 of the Criminal Code of the Russian Federation).

What are the similarities between crime and delinquency?

Administrative offense: example

For a more detailed consideration of these issues, it is desirable to determine the maximum ratios of crimes committed, as well as administrative offenses. The similarities between these two concepts lie in the following provisions:

In contrast, Coronation Courts hear cases involving more serious offenses - as if they were 'offences' and 'charge-only' crimes - and have the power to impose harsher sentences. Published statistics do not allow further disaggregation of these main categories. A study carried out at Heathrow Airport found that the majority of those accused were accused of entering or leaving with false travel documents or without travel documents, but this may reflect the location and focus of the study rather than a general trend.

In social significance for the country and;
The structure of the constituent elements of the current legal norm of the Code of Administrative Offenses of the Russian Federation is similar to the Criminal Code of the Russian Federation;
The illegality of actions and established guilt are considered the main features characteristic of all types of violations;
When considered with the material component, the object of the offense and the crime will be the same;
The theory of the developed intersectoral qualification is the objective basis of all types of violations in law enforcement practice.

The functions of the current norms of the criminal and administrative code are designed to regulate, protect and prevent illegal actions. If we relate to the functions, the main of which is considered to be protective (Article 1.2 of the Code of Administrative Offenses of the Russian Federation and Article 2 of the Criminal Code of the Russian Federation), the exclusive feature of the current rules of law in the administrative and criminal code is both in the regulation and in the protection of the subject of the offense, in the form of which Most situations involve meaningful and valuable relationships between citizens.

Moves and departures far outnumber prosecutions of migrants for immigration-related crimes. As shown in Figure 4, criminal proceedings against immigrant offenders remain low compared to administrative actions in the form of forced removals and port refusals. When reading Figure 4, note that the deletion data here does not include voluntary deflections, some of which may be subject to administrative action.

Civil sanctions in the field of transport and education; Both criminal and civil penalties in the area of employment and against landowners. Along with the creation of new categories of criminal offences, civil penalty regimes have been introduced to ensure compliance with immigration rules by employers, organizations and private landowners who have contact with migrants.

It is necessary to have a clear understanding of the existing relationship between the functions of regulation, as well as the protection of the subject of the offense, which call for compliance with the current provisions of the Code of Administrative Offenses and the Criminal Code of the Russian Federation. The law enforcement function of the Code of Administrative Offenses and the Criminal Code of the Russian Federation can be implemented in practice using dual methods.

Unstable, unreliable representatives of society are restrained from committing criminal offenses or misdemeanors that could damage certain property or the property of other citizens. In this situation, the current state of legislation will be static in both administrative and criminal matters.

Among these civil penalty regimes, there is a parallel regime of criminal penalties for employers and landlords who violate immigration laws. Employers who hire foreigners without work authorization may face either civil penalties or criminal penalties. Civil penalties may be imposed on employers who act negligently by failing to perform identity checks before hiring someone who has been disqualified from employment due to his or her immigration status.

The system will not operate provided that the legal fact of the offense is absent.

Consequently, the protective capabilities of the system of the most important relationships between citizens are carried out in the course of regulating a special group of interactions that imply certain harm to people that can be caused as a result of the actions of certain individuals. The Code of Administrative Offenses of the Russian Federation, as well as the Criminal Code of the Russian Federation, clearly defines educational goals when using punitive measures against violators.

Civil penalties may be reduced in a number of circumstances, including a first offense, prior notification to the Home Office by the employer of suspicions, and partial, albeit incomplete, performance of the employer's duties to check workers' records.

The maximum penalty is 5 years in prison. Colleges and transportation companies are subject only to the civil penalty regime and cannot currently be prosecuted for failing to inform students of violations of immigration laws or for transporting undocumented or clandestine passengers, respectively, although they may be prosecuted for other offenses such as assisting illegal Immigration into a Member State.

The similarity between administrative offenses and crimes lies essentially in the very fact of carrying out activities that go beyond certain norms dictated by the legal consciousness of the socially active population.

Plurality of crimes and its forms

The concept of multiple crimes is disclosed in the General Part of the Criminal Code of the Russian Federation: in Art. 17 – set of crimes, in Art. 18 – relapse of crimes. The only property of plurality is the number of crimes - at least two. The commission of several crimes by one person increases social danger, gives the criminal confidence in the impunity of the committed acts, causing, as a rule, significant harm to objects of criminal legal protection. In this regard, there are criminal legal features for qualifying this type of crime and assigning more severe punishment for them.

It should be noted that the multiplicity of crimes must be distinguished from single crimes; the latter, according to the legislative design of their composition, can be both simple and complex. A simple single crime is characterized by one criminal act, committed with one form of guilt, forming one crime and qualified under one article of the Criminal Code of the Russian Federation. For example, robbery is one of the simple crimes (Article 161 of the Criminal Code of the Russian Federation).

In contrast to a simple single crime, a single complex crime is characterized by a complex content of the objective side, the presence of several criminal acts, additional criminal consequences, despite the fact that they have the same corpus delicti and are classified under one article of the Criminal Code of the Russian Federation.

The types of a single complex crime include a continuing crime, a continuing crime, a crime with alternative actions (inactions), a compound crime, and crimes that are characterized by additional grave consequences.

A continuing crime is a dangerous act (action or inaction) that entails a long-term failure to fulfill the duties imposed on the perpetrator by law under the threat of criminal prosecution. For example, illegal manufacturing of weapons (Article 223 of the Criminal Code of the Russian Federation), desertion (Article 338 of the Criminal Code of the Russian Federation), etc. Continuing crimes are committed for a more or less long time with the continuous implementation of a specific crime. They begin with a violation of any criminal law (for example, a person illegally manufactures and stores weapons) and ends with the onset of circumstances that prevent the further commission of a crime (for example, the detention of a person illegally manufacturing weapons), or as a result of the actions of the criminal himself (for example, confession followed by surrender of illegally stored weapons).

A continuing crime represents identical acts aimed at the same goal and united by a single intent. It begins with the commission of the first of the actions that form it, and ends with the commission of the last criminal act. A continuing crime is characterized by the presence of an internal connection between individual criminal acts, their internal unity: each act is a necessary link or part of a single whole and the direction of each of the acts against the same object. For example, a computer assembly worker steals from a factory the necessary parts for further assembly and repair of computers using a makeshift method. However, in this case, it is necessary to take into account that if the worker’s criminal actions were stopped when he was trying to remove parts for a small amount, then this should be classified as attempted theft.

Crime with alternative actions (inactions). The essence of these crimes is that any of the committed acts named in the disposition of the articles of the Special Part of the Criminal Code of the Russian Federation forms a complete crime. For example, according to Part 1 of Art. 228 of the Criminal Code of the Russian Federation recognizes as a crime the illegal production, processing, acquisition, storage, transportation or shipment for the purpose of sale, as well as the illegal sale of narcotic drugs or psychotropic substances or equipment for their production or processing. To bring a person to criminal liability under this article, it is sufficient for him to commit one of the specified acts, i.e., it is not necessary to commit all of the listed acts to have this crime. A compound crime is characterized by the performance of two or more actions, which individually form an independent crime in themselves, but due to their interrelation and internal unity, are combined into one crime. An example is robbery, which, in accordance with Part 1 of Art. 162 of the Criminal Code of the Russian Federation is defined as an attack with the aim of stealing someone else’s property, committed with violence dangerous to the life or health of the victim or with the threat of such violence. It’s as if two criminal actions are united. The first is an attempt to openly steal property (Part 1 of Article 161 of the Criminal Code of the Russian Federation - robbery), the second is causing harm dangerous to the life and health of the victim (Part 1 of Article 111 of the Criminal Code of the Russian Federation - intentional infliction of grievous harm to health). Each of these actions forms an independent crime, but, combined by place and time, they form one compound crime and are classified under one article, i.e. as robbery, and not plurality. This crime encroaches on two objects - property as the main object and health as an additional object (these are two-object crimes). By combining diverse criminal acts into one single compound crime, the legislator thereby gives these crimes an increased danger.

A crime characterized by additional grave consequences is a crime that represents a single act, but may result in one or more criminal consequences. For example, part 3 of Art. 127 of the Criminal Code of the Russian Federation provides for liability for unlawful deprivation of liberty, which through negligence resulted in the death of the victim or other grave consequences. This crime consists of two acts: unlawful deprivation of liberty and negligent infliction of death on the victim or other grave consequences. These acts, being interconnected, constitute a single crime.

It is necessary to distinguish multiplicity of crimes from single complex crimes, which is characterized by the presence of the following features:

commission of two or more crimes by the same person;
a criminal act committed by a person constitutes an independent crime;
preservation of criminal legal consequences for each of the crimes that form a plurality, i.e., the inclusion of only those crimes for which the possibility of bringing the perpetrator to criminal liability is not excluded, for example, a person is not exempt from liability for one of the crimes that form their plurality as a result of the expiration statute of limitations, expungement of a criminal record, etc.)43.

Forms of plurality include repetition, i.e. the commission of two or more crimes by a person, and ideal totality.

Repetition, in turn, is divided into the following types: real totality; relapse.

Real totality is understood as the commission of two or more crimes provided for in various articles or parts of an article of the Criminal Code of the Russian Federation, for none of which the person was convicted. It should be taken into account that each of the criminal acts included in the set of crimes is committed by an independent action or inaction (for example, the perpetrator commits robbery of someone else’s property - Article 161 of the Criminal Code of the Russian Federation, and then rape - Article 131 of the Criminal Code of the Russian Federation). The real population is characterized by the commission of criminal acts at different times, i.e. one of them is the first in time of commission, and all subsequent ones are repeated. The real totality includes only those crimes that entail criminal legal consequences. There is no real totality if the statute of limitations for criminal prosecution has expired for the first criminal act. For example, a person who has committed rape cannot be prosecuted for committing a robbery for which the statute of limitations has expired, as for a set of crimes. In this case, the person is held criminally liable only for rape. But if the statute of limitations has not expired, then there is a set of crimes, in the presence of which the person bears criminal liability for each crime committed under the relevant article or part of the article of the Criminal Code of the Russian Federation.

Recidivism of crimes. In Part 1 of Art. 18 of the Criminal Code of the Russian Federation, relapse, i.e. a type of repetition of crimes, is defined as the commission of an intentional crime by a person who has a criminal record for a previously committed intentional crime. There are three types of relapse: simple, dangerous and especially dangerous. To recognize the presence of a recidivism of crimes in a person’s actions, the legislator has defined two decisive features: the commission of an intentional crime by the person; whether this person has a criminal record for a previously committed intentional crime.

Along with the indicated general signs of relapse, the legislator has identified the following additional signs, the presence of which indicates that a person has committed a dangerous recidivism: conviction of a person for committing an intentional crime to imprisonment; previous conviction of a person three times to imprisonment; having two convictions for serious crimes.

The presence of a simple relapse in a person’s actions is indicated by the form of guilt of the crimes committed (the crimes must be intentional in nature), the presence of a dangerous recidivism is indicated by the type of punishment for the crimes committed (these should be punishments in the form of imprisonment) and the number of previously committed crimes (there should be no less than three). The presence of a dangerous recidivism is also indicated by the nature of the crimes committed (these must be serious crimes and there must be two convictions in the past for a crime of this nature).

The same criteria - form of guilt, number of convictions, type of punishment, nature of the crime - are used by the legislator when determining the signs of a particularly dangerous recidivism. Such a relapse is evident if a person has in the past three convictions to imprisonment for committing an intentional serious crime and is convicted again to imprisonment for committing an intentional crime; the presence of a person in the past two convictions for especially serious crimes or three convictions for serious crimes when sentenced to imprisonment for a serious crime; if a person was previously convicted of a particularly serious crime and is convicted again of a particularly serious crime.

An indispensable requirement for recognition of a person’s actions as a recidivism of crimes is the presence not only of a past conviction for the crimes specified in the Criminal Code of the Russian Federation, but also of a conviction for these crimes that has not been expunged or expunged by law. According to Part 1 of Art. 86 of the Criminal Code of the Russian Federation, a person convicted of committing a crime is considered to have a criminal record from the day the court’s conviction enters into legal force until the criminal record is expunged or removed. Expungement or expungement of a criminal record cancels all criminal legal consequences associated with a criminal record.

If there is a recidivism of crimes, convictions for intentional crimes of minor gravity are not taken into account (crimes for which the maximum penalty does not exceed two years of imprisonment, as well as crimes of negligence for which the maximum penalty does not exceed five years of imprisonment). When recognizing a recidivism of crimes, not only expunged or expunged convictions are not taken into account, but also convictions for those crimes that were committed by a person under the age of 18. When recognizing a recidivism, a conviction under a suspended sentence or a conviction with a deferred sentence is also not taken into account, if such a conviction has not been overturned and the convicted person has not served a sentence in prison. If a person has previously served a sentence not related to imprisonment, then this conviction is also not taken into account when recognizing a recidivism of crimes.

Recognition of a person's actions as a relapse of crimes predetermines a special procedure for assigning such a person a more severe punishment within the limits of the sanction of the relevant article of this Code. This procedure is provided for in Part 2 of Art. 68 of the Criminal Code of the Russian Federation. If recidivism is provided for by the Criminal Code as a qualifying feature of a crime, this circumstance cannot at the same time be recognized as aggravating liability.

The ideal totality, as already indicated, is the second form of multiplicity of crimes. A set of crimes is one action (inaction) containing signs of crimes provided for by two or more articles of the Criminal Code of the Russian Federation. The essence of the ideal totality is that one socially dangerous act (action or inaction) causes several harmful consequences, which, naturally, is not covered by one article. For example, a person, with one shot from a pistol, kills a victim and causes moderate harm to another, which should be qualified under two articles of the Criminal Code of the Russian Federation - 105 and 112. An ideal set of crimes, unlike a real one, does not form their repetition, but in terms of criminal legal significance it approaches It’s like a kind of repetition of crimes.

Types and examples of crime objects

The scheme of objects of crime in the science of criminal law is divided both vertically and horizontally. The vertical hierarchy is represented by four types of objects.

General

The general object is a purely scientific concept that does not have direct significance for practice, but gives a general understanding, for example, what is the difference between an offense and a criminal violation, when an offense is considered an administrative violation, and in what cases - judicially punishable.

Generic

The general object is divided into types.
A special part of the Criminal Code is built on the principle of dividing all offenses into sections and chapters. The section corresponds to the generic type of the crime object. It contains a group of similar relationships protected by one section. These may include:

Personality.
Own.
Moral.
Human security, peace.

So, according to Art. 292 of the Criminal Code of the Russian Federation “Forgery of Officials”, the object of a criminal act is the ordinary activities of government agencies, and the generic object is the interests of this public service.

Species

The generic section marks a narrower circle or group of social connections protected by law—species objects.

Thus, within one section concerning the economic sphere, there are 3 chapters relating to the following types of illegal actions directed against the following interests:

property;
interests of the economy;
interests of commercial organizations.

Species objects have differences from each other, that is, different relationships protect the needs of different circles of people. This approach is necessary to qualify a criminal act.

Direct

The direct object is certain relationships that are targeted by malicious acts, which are noted in a separate crime when it is classified.

Using the example of commercial bribery, we can trace the composition of this object:

General - relations in economics.
Generic - economic sphere.
Species - official interests of the organization.
Direct - interests in the formation of relationships in the legitimate activities of organizations.

In this regard, there is a need to separate the immediate object horizontally.

The following direct objects are distinguished:

Basic. The main object includes relations protected by the rule of law adopted to protect them. Rarely, but there are circumstances when one element of a criminal act relates to two objects of encroachment at once. A classic, two-object example is robbery, where in addition to property there is a person. Robbery is placed in the chapter devoted to criminal actions directed against property, that is, this recognizes that property is the main object, and the person is an additional one.
Additional. An additional object always suffers in one form or another. According to this legislation, it was important to determine which object it would be preferable to direct a crime in the main status to protect. The additional object must be indicated in the article, that is, in the specific corpus delicti.
Optional. The optional object is not directly named in the article. It is needed to describe how dangerous the act is to society, how many people it causes harm, except for the victims. This type is important for qualification.

The difference between a crime and other offenses

The main criteria that distinguish a crime from other offenses are four features:

object of encroachment;
public danger of crime;
its criminal wrongfulness;
Punishability of the crime.

Crime is the most dangerous type of offense. The object of his encroachment is particularly important social relations, for example, life, sexual freedom of the individual, the foundations of the constitutional system. The objects of encroachment of relevant administrative, disciplinary and civil offenses are also important, but to a lesser extent, and an encroachment on them cannot have the nature of criminal wrongfulness. However, there are many objects, an attack on which can be a crime or another offense - a civil tort, an administrative or disciplinary offense. Therefore, it is important to be able to distinguish a crime from other offenses.

Public danger, as a distinctive feature of a crime, is expressly indicated in Art. 8 of the Criminal Code of the Russian Federation. A crime is always characterized by a greater social danger and causes greater damage to society than any other offense. The qualitative characteristics of the social danger of various types of offenses are not the same. A higher degree of public danger distinguishes a crime from other offenses, which may be due to various circumstances. Firstly, depending on the nature of the consequences of the act, for example, a violation of labor protection rules that did not cause harm can be characterized as a disciplinary offense.

Criminal wrongfulness means that crimes and liability for them are provided for by criminal law. Liability for civil, administrative and disciplinary offenses is regulated by both civil and labor codes and various secondary legal acts. A person who has committed a crime can only be sentenced by the court with its verdict, passed on behalf of the state. The crime entails specific consequences in the form of criminal penalties and a criminal record.

Punishment, being an act of application of criminal law, is the most severe of the coercive measures applied to offenders, and the only measure, the procedural form of which is a court conviction. Punishment for other offenses is less severe and is applied by various authorized government bodies and officials acting not on behalf of the state, but on their own behalf. For example, an administrative fine is imposed by a traffic police inspector.

Guilt

Guilt is understood as the presence in a person’s act of a specific mental relationship to the act or the subsequent consequences, that is, guilt. Guilt can be expressed in two forms: intent (direct and indirect) and negligence (frivolity and negligence). This feature is inextricably linked with the basic principle of criminal law about punishment for any guilty act committed.

Finished works on a similar topic

Coursework Signs of a crime 440 ₽ Essay Signs of a crime 220 ₽ Test paper Signs of a crime 240 ₽

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Exceptions to the rules

Civil and criminal penalties against employers are increasing

As shown in Figure 5 below, prosecutions and convictions for illegal employment have increased over the past few years, but the numbers still remain below 20 per year in each category.
However, since the introduction of the civil penalty regime, an increasing number of employers have been fined, as shown in the table. Table 2 - Civil penalties issued against employers who employ illegal workers. Note. The figures refer to fines levied at the initial stage of the decision, which may change at the stage of objection or appeal of the decision. Collections are not cohorts, so collection data does not represent payments against fines issued in a particular year.

Both offense and crime are punishable!

There is no criminal liability for operating enterprises and organizations in our country. For illegal actions, legal entities should only be punished. Responsible management employees may be personally involved in judicial proceedings upon initiation of a criminal case.

At the Ministry of Justice. Immigration statistics do not include prosecutions or convictions for possession of false documents. Data on persons imprisoned for these offenses are usually compiled in prison statistics. However, data on individuals convicted of these crimes are grouped under the broad banner of “Fraud and Forgery Charges,” making it difficult to distinguish between immigration-related cases and “ordinary” fraud cases.

Data on civil penalties imposed and collected from employers who employ foreigners without a work permit per year are piecemeal and obtained from the Standard Parliamentary Questions Note. There are no regularly published statistics that systematically collect this data.

Those. In fact, only officials of one or another organization are subject to jurisdiction, and not the enterprises, as a result of whose activities certain damage was caused to citizens. It is also necessary to take into account the possibility of the legislative branch choosing administrative punishment for certain crimes in connection with special circumstances in the country, or some other processes.

Department of Justice - Criminal Justice Statistics Manual Department of Justice -. Crimes of Mobility: Criminal Law and Immigration Regulation. . A violation, sometimes called a misdemeanor, is a violation of an administrative regulation, ordinance, municipal code, and, in some jurisdictions, a state or local traffic code. In many states, the violation is not considered a criminal offense and thus is not punishable by imprisonment.

Instead, such jurisdictions treat violations as civil crimes. Even in those jurisdictions that treat violations as felonies, jail time is not usually considered a punishment, and when it is, the limit is limited to time served in a local jail. As a misdemeanor, violations are often defined in very broad language. For example, one state provides that any crime that is defined "without designation as a felony or misdemeanor or specification of classification or punishment is a misdemeanor."

It should be noted that there is always a possibility that the legislator will make a mistake in the process of assessing the offenses committed. For example, before June 30, 2002, theft could be considered petty when the volume of stolen means of payment was more than 1 minimum wage in accordance with the provisions of Art. 7.27 of the Code of Administrative Offenses of the Russian Federation, which came into force on July 1, 2002.

After this, the theft of means of payment in an amount exceeding 5 minimum wages is recognized as petty. In other words, most thefts in the Russian Federation, until recently, were not a reason for initiating criminal cases.

The legislative authorities identified such an error, after which, from the beginning of November 2002, Art. 7.27 Code of Administrative Offenses of the Russian Federation 5 was replaced by 1. That is the degree of public danger of the theft of a certain amount of money was re-examined several times by government authorities.

If an offense is committed by a legal entity, a significant role is played by the possibility of determining the type of illegality, which is considered a purely formal characteristic. Secondary differences can appear after determining the classification of the offense committed. These include:

The procedure for bringing violators to justice.
Types of acceptable punishments.

Consequently, the methods of theft, as well as the size of the stolen amount of means of payment, can determine the attitude towards administratively punishable cases, or towards criminal offenses committed.

However, robbery and robbery will always be considered crimes, even if the damage to the property and health of other citizens is minimal. The offender also needs to be taken into account.

Petty hooliganism can be considered the use of obscene expressions when speaking in public places, disturbing the peace of citizens, or committing some other acts that destabilize order and the measured, calm life of citizens.

Essential features can be identified when considering the so-called formal feature. Punishment for disciplinary violations is determined by established labor law standards. Prisoners, in turn, are subject to the rules of penal law, and to the provisions of the Administrative Code. The head of an organization is authorized to hold people accountable for committing disciplinary violations.

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THE DIFFERENCE OF AN ADMINISTRATIVE OFFENSE FROM A CRIME AND A DISCIPLINARY OFFENSE Test on the subject: “Administrative Law”

Introduction

2. Differences between an administrative offense and a crime and a disciplinary offense. Conclusion. List of references.

Introduction. The Russian legal system is protected by three types of punitive sanctions: criminal, administrative and disciplinary. Thus, for violation of electoral law, property rights, labor protection rules, sanitary, environmental standards, depending on specific circumstances, criminal and administrative penalties, as well as disciplinary sanctions, may be applied. The first similarity between these sanctions is that they protect law and order. Secondly, they are established by federal laws. Thirdly, they are applied for guilty illegal actions (offences). Fourthly, the legislation establishes the procedures for applying punitive sanctions and the powers of the entities that have the right to do this. Fifthly, their application to the perpetrator entails unfavorable consequences for him, as well as a state of punishment within the time limits established by federal laws. In a regime of legality, it is very important to distinguish between types of offenses in order to correctly classify specific offenses and legally and reasonably punish the perpetrators. It is precisely these circumstances that dictate the interest in the topic of the presented work, the purpose of which is to analyze the differences between an administrative offense from a crime and a disciplinary offense. This goal is achieved by solving a number of particular problems, namely: 1. give a general description of the administrative offense and its characteristics; 2. give a general description of the concept of crime and disciplinary offense and formulate criteria for comparative analysis; 3. give a comparative analysis of an administrative offense, crime and disciplinary offense.

1. General characteristics of an administrative offense. The legal concept of an administrative offense is enshrined in Part 1 of Art. 2.1 Code of Administrative Offenses of the Russian Federation. It “recognizes an unlawful, guilty action (inaction) of an individual or legal entity for which administrative liability is established by this Code or the laws of the constituent entities of the Russian Federation on administrative offenses.” This definition is formal, since it contains only the legal characteristics of the act. Article 14 of the Criminal Code of the Russian Federation also included a material sign in the concept of a crime: “socially dangerous act.” The acts mentioned in the articles of the Special Part of the Code of Administrative Offenses of the Russian Federation are prohibited by law because they are socially harmful. This is indirectly stated in Art. 2.2 of the Code of Administrative Offenses of the Russian Federation, which connects actions with harmful consequences. Unlawfulness is the legal recognition of antisocial behavior that is harmful to citizens, society, and the state. The antisocial nature of crimes is so great that they are recognized as socially dangerous. And the degree of harmfulness of most administrative offenses is small; they are not socially dangerous. So, the first sign of an administrative offense is social nuisance. The second sign is administrative illegality. Such an act is directly prohibited by the articles of the Special Part of the Code of Administrative Offenses of the Russian Federation or the laws of the constituent entities of the Russian Federation on administrative offenses. It should be remembered that it is a mistake to interpret an administrative offense as a violation of the norms of administrative law, since there are regulatory norms that establish the rules of proper behavior, and protective norms that establish responsibility for violating these rules. The third sign of an administrative offense is an act, i.e. a conscious, volitional action or inaction of one or more people. The fourth sign characterizes the subjects of the offense - this is an act committed by an individual or legal entity. It cannot be committed by an unorganized group of citizens, a complex organization that is not a legal entity (party, financial-industrial group, etc.), a branch or other structural divisions of a legal entity. The fifth sign of an administrative offense is guilt, that is, it is a conscious, volitional act, committed intentionally or carelessly. Art. gives an idea of the forms of guilt when committing an administrative offense. 2.2 Code of Administrative Offenses of the Russian Federation. In accordance with this article: 1. An administrative offense is recognized as committed intentionally if the person who committed it was aware of the illegal nature of his action (inaction), foresaw its harmful consequences and desired the occurrence of such consequences or consciously allowed them or was indifferent to them. 2. An administrative offense is recognized as committed due to negligence if the person who committed it foresaw the possibility of harmful consequences of his action (inaction), but without sufficient grounds, he arrogantly counted on preventing such consequences or did not foresee the possibility of such consequences, although he should have could have foreseen them. In this case, it is necessary to distinguish between the concepts of “administrative violation” and “administrative offense”. The first reflects only that the norm of administrative law has not been observed and has been violated. But such an act can be committed by a person incompetent, insane, in conditions of extreme necessity, i.e., innocent. A crime is an unlawful, guilty act. In addition, an administrative offense can be not only administrative, but also financial, land and other violations. The sixth sign of an administrative offense is punishability. The possibility of applying administrative penalties is a general property of administrative offenses. In most cases, if a violation is detected, the perpetrator is brought to administrative responsibility. But in a number of cases, punishment cannot be applied (the statute of limitations has expired, the norm has been canceled, etc.). The implementation of administrative sanctions does not necessarily accompany an administrative offense, but the possibility of their application is a mandatory sign of an offense. In Part 2 of Art. 10 of the Code of Administrative Offenses of the RSFSR, which was called “The Concept of an Administrative Offense,” it was said: “Administrative liability for offenses... occurs if these violations... do not entail... criminal liability.” The Code of Administrative Offenses of the Russian Federation does not directly name such a sign. But it is indirectly enshrined in paragraph 7 of Art. 24.5 of the Code of Administrative Offenses of the Russian Federation, according to which proceedings in a case of an administrative offense cannot be carried out if a criminal case has been initiated against this individual. Thus, to summarize, we can conclude that an administrative offense is characterized by the presence of such features as social harmfulness, illegality, guilt, and punishability; An administrative offense is always a conscious, volitional act, the subject of which can be either an individual or a legal entity.