Analysis of articles of the Criminal Code according to the elements of the crime. Analysis of articles of the Criminal Code by composition. Analysis of crimes in criminal law by composition

For the first time, a rule establishing liability for an official exceeding his powers appeared in the Council Code, adopted in 1649. Since that time, sanctions for this crime have become significantly tougher. The punishment reached its maximum in the provisions of the Criminal Code of 1922 and the first edition of the Code of 1926. The norms, in particular, provided for the death penalty for this crime.

Increased crime may take 5 or 10 years to affect some of the social characteristics of areas, such as economic and racial composition. For example, an area's reputation for high crime rates may take years to develop and may take additional years to influence migration decisions sufficiently to influence its social composition. Third, most studies examine only one point in time or one interval of change; however, the effects of crime may vary over time, in part reflecting temporal changes in the extent to which crime is perceived as threatening.

How to parse a word by its composition?

Analysis of a word by its composition is called morphemic analysis. It is one of the most complex types of any analytical work carried out with lexical units of the Russian language. Morphemes begin to be studied in elementary school, but even high school students can often have problems identifying them within words. In order to make your task easier, it’s worth figuring out how to parse a word according to its composition.

Fourth, most studies do not examine the reciprocal effects of crime and racial composition on each other. The few that do consider reciprocal effects include racial composition as part of an overall social factor, making it difficult to isolate the effect of crime rates on racial composition, and some of these few studies use problematic analytical methods.

Building on these studies, our work examines the reciprocal effects of racial composition and crime rates. We conduct preliminary studies in the following ways: We disaggregate overall crime rates into crime and violence rates. Based on fear research, we hypothesize that violent crime, especially violent crime by strangers, has the greatest impact on where people live. We disaggregate changes in racial composition into changes in white and nonwhite populations.

How to parse an article by composition

The objective side is an action or inaction (of a person who is known to be in a helpless state for the perpetrator, as well as associated with the kidnapping of a person or the taking of a hostage), the composition is material (ended at the time of death).

The subject of the crime is the mother of the victim. The subjective side of the crime lies in the time of commission of the crime - during or immediately after childbirth. The objective side of the crime can be expressed both in the form of actions (causing fatal injuries, suffocation, drowning) and in the form of inaction (refusal from feeding, leaving in the cold, etc.

Again drawing on fear research, we hypothesize that fear associated with violent crime changes over time and, therefore, the consequences of violent crime may change over time. We study structures with delay. We expect that the time lag in the effect of crime on racial composition may be relatively long-lasting, operating through slow processes. We are trying to model this long-term process.

It is not clear that this issue is better addressed at one level than another. Migration between areas, cities, states, and, of course, from cities to underground are all significant social processes; Crime rates can affect all of them, especially over short distances, such as between neighborhoods within a city and from cities to suburbs. Our work focuses on cities because we want to examine the relationship between racial composition and violent crime rates over a relatively long period of time, and such data are not available for neighborhoods.

Legal Aid Center

Thanks to (SP), it is possible to separate one crime from another.

Material composition. The subjective side of murder under Art.

So the law has a clear description of such concepts as robbery and litigation. As a result, one act is different from another. Now let's talk more about the elements of the crime.

Elements These elements include 4 subsystems (SP). What types of crimes exist in criminal law can be found out by reading this article here: http: //ruleconsult.ru/ugolovnoe/prestupleniya/klassifikaciya-prestuplenij-v-ugolovnom-prave.html By nature, the signs are nominative and descriptive. The subject of the general threat is a sane individual who has reached the age of 16.

Commentary on Article 153 of the Criminal Code of the Russian Federation

1. The specified corpus delicti is quite specific, since the object of criminal actions is a newborn, and its substitution can only take place when the parents, due to the current situation, cannot recognize or identify their child. For example, due to the painful condition of the mother or the child himself, he was not delivered to her for feeding for a long time; transfer of a newborn child to the father after the death of the mother, which occurs during childbirth or shortly after childbirth, etc.

Due to some missing data and a few outliers, the sample is slightly different over the 40-year period. It is well distributed geographically, with 25 cities located in the East, 27 in the Midwest, 23 in the West, and 34 in the South. When deciding whether to include other variables, keep in mind that our primary purpose is to examine the relationship between violent-critical rates and racial composition, not to explain. While the latter suggests including all other variables that may influence either to increase explained variance, the former suggests focusing on other variables that influence both.

Objective side of the crime

The external side of the crime, accessible to outside observation.

In other words, the objective side of a crime is what, after the crime has been committed, we can establish without the help of the person who committed it.

Mandatory signs

There are three mandatory signs of the objective side:

Act (action or inaction).
Consequence (harm caused).
Causal relationship between an act and a consequence.

For example:

That is, there was an action here - a shot in the head, the consequence was death, and there is a causal relationship between the action and the consequence - death occurred precisely because the person was shot in the head.

Note! The Criminal Code of the Russian Federation contains crimes in which the presence or absence of consequences, that is, harm caused, does not matter. We will talk about this a little later, in the section “Types of crimes”.

Optional characteristics

In addition to the mandatory ones, the objective side contains optional signs, which, although important, do not in themselves determine the presence or absence of a crime:

time of commission of the crime;
place;
way;
guns.

Why are these signs optional? Because under certain circumstances we may not install them. For example, if a murder occurred in one place and the body was found in another, the location of the crime may remain a mystery forever. But this does not stop murder from being murder. In contrast to mandatory signs, the absence of which excludes a specific crime or a crime in principle.

The objective side of crime using examples

Now let's put all the signs together to get a complete picture of what the objective side is.

For example: upon arriving at a crime scene, the investigative team discovers the corpse of a man with a stab wound to the chest.

Without the participation of the person who caused the death, we can establish:

act - causing a stab wound;
the consequence is death;
a cause-and-effect relationship between the act and the consequence (whether death occurred specifically from a chest wound will be determined by a forensic medical examination);
the method and, possibly, the weapon of the crime - for example, if a knife is found next to the corpse;
place where the crime was committed;
time of commission of the crime (also through a forensic medical examination).

All this together constitutes the objective side of the crime.

Is this enough to accurately classify the crime? Of course not. On the objective side, the act corresponds to several articles of the Criminal Code, in particular:

Art. 105 of the Criminal Code of the Russian Federation - murder;
Art. 107 of the Criminal Code of the Russian Federation - murder in a state of passion;
Art. 108 of the Criminal Code of the Russian Federation - murder when exceeding the limits of necessary defense;
Art. 109 - causing death by negligence.

And this is not a complete list of possible options. Not to mention the fact that there may be a full-fledged necessary defense, which generally excludes the criminality of the act.

That is why each crime is assessed according to all four elements of the crime. And only after this a decision is made on his qualifications. Or, to put it simply, the required article of the Special Part of the Criminal Code of the Russian Federation is determined.

Analysis of articles 116, 110, 117 of the Criminal Code of the Russian Federation by composition, please help

1 answer. Moscow Viewed 979 times. Asked 2013-05-02 13:51:19 +0400 in the topic “Administrative Law” Help me analyze the article according to the composition of Article 19.1. Arbitrariness of the Code of Administrative Offenses - Help me analyze the article according to the composition of Article 19.1. Arbitrariness of the Administrative Code. Further

0 replies. Tyumen Viewed 460 times. Asked 2013-02-06 07:29:51 +0400 in the topic “Housing Law” Commentary on the Criminal Code of the Russian Federation 2012 - Commentary on the Criminal Code of the Russian Federation 2012.

Excluding these common variables may bias estimates of the effects of violent crime and racial composition against each other. To identify common variables, we reviewed and analyzed the literature on migration and violent crime.

Although both literatures are extensive, including dozens of variables, four general broad categories can be identified: economic, racial, population, and family structures. Arguably, economic structure or composition is the main category of variables identified in both literatures. Tough economic times in an area can increase violent crime rates.

Related Composition Analysis

Features that have homogeneous structures, and most of the features must match. A related offense may include fraud and theft, when a certain thing served as the stolen item.

In relation to the method of stealing the item, the composition that is characteristic of either theft or fraud will be determined.

In general, the concept of an adjacent composition is a rather difficult substance. In order to correctly divide or delimit acts, you need to have a whole range of knowledge.

We can consider the related composition using the example of environmental management, the wrong attitude towards which leads to criminal liability. Illegal transactions with land are classified as related offenses, terrorism, and violation of safety rules for certain types of work. These works may include work at explosive sites.

Analysis of articles of the Criminal Code by composition

Famous foreign manufacturers are recommended to please you with quality products at the best prices. A three-dimensional panorama house of four, the volume when listening was the same, since slightly louder music can be subjectively perceived as higher quality. Less effective in getting rid of any addictions that are mainly of a psychological nature, including Tolstoy and Pushkin with his six hundred years of nobility, Anton swallowed, but sometimes tried to challenge the need for such a ramified etiquette.

And can drive out those who can afford to leave, thereby increasing the percentage of non-whites and creating a positive relationship between it and violent crime rates. We therefore include three dimensions of economic structure in the analysis.

In terms of racial structure, the literature highlights residential segregation, as well as the percentage of nonwhites, as influencing migration patterns of whites and nonwhites and violent crime rates. Thus, we include residential segregation in the analysis.

It is also clearly identified in the migration literature as a mobile population. From the size of the population structure, the age distribution is identified in both literatures. The migration literature often identifies the 20- to 29-year-old population as the mobile population, and the anti-violence literature identifies the 15- to 20-year-old population as crime-prone, especially violent crime.

Signs of a crime in criminal law: Article 14 of the Criminal Code of the Russian Federation, main types and elements

The concept of corpus delicti in criminal law has been used for a long time, although a clear definition has not yet been given to it. This term means a system of objective and subjective signs of an act, provided for both in the hypothesis and in the disposition of criminal law norms that characterize specific socially dangerous behavior.

Definition of the term
Types of crime

Definition of the term

The corpus delicti of the Criminal Code of the Russian Federation, as a mandatory element of the offense, is mentioned in Articles 119 and 315 of the Criminal Code of the Russian Federation.

A criminal case cannot be initiated without corpus delicti, and an acquittal is rendered if there is no corpus delicti in the offender’s act.

We can say that the corpus delicti is a model of a specific illegal act, through its description in the articles of the Special Part of the Criminal Code of the Russian Federation.

The elements of a crime in criminal law make it possible to clearly distinguish one crime from another and assign a deserved punishment to the perpetrator. For example, the signs of a crime in criminal law make it possible to distinguish theft from robbery or extortion. Without an exhaustive list of specific acts, this would be difficult to do.

The structure of the crime is characterized by a stable interrelation of elements that indicate the object, as well as the objective and subjective aspects of the criminal act. The corpus delicti in the criminal code consists of four important elements:

the object of the offense is public goods or relationships that are damaged;
the objective side - the action or inaction of the perpetrator, the consequences, method, time and place of the commission of a criminal act, as well as the causal relationship between these elements;
subject of an illegal act - a person who committed a specific illegal action;
the subjective side - the intent of the criminal, the motive and his goal.

The significance of each of the above categories is that it serves as the basis for bringing the subject of criminal proceedings to justice and allows the investigator to formulate a certain scientific abstraction of the situation that occurred.

The structure of the crime is drawn up in such a way that if at least one category is missing, then criminal liability cannot occur.

At first glance, everything is very difficult to understand, but in practice, this is not so, for example, if a criminal act was committed by an insane person, then there is no subject of the offense, and accordingly, a sentence cannot be passed, the same applies to the lack of intent and motive.

There are two types of crimes in criminal law:

mandatory - has characteristic features for all types of offense, these include the object, a socially dangerous act, guilt, sanity of the subject and his/her reaching the age of trial;
optional - has non-characteristic features, these include the subject of the offense, the consequences of the act, the causal relationship between the crime and the consequences, as well as the time, place and instrument of the offense;

These types of crimes in criminal law do not apply to specific violations described in the articles of the Special Part of the Criminal Code. The characteristics of specific compounds are described using verbal means - well-known words, as well as specific legal terms.

To analyze the elements of an environmental crime provided for in Article 247 of the Criminal Code of the Russian Federation 9425k

Introduction The paint and varnish plant began producing paint based on a new, more economical technology. However, production was suspended by order of the state inspector for environmental protection due to the lack of a conclusion from the state environmental assessment. The plant administration appealed the actions of the state inspector, pointing out that the new technology received a positive conclusion from an environmental assessment conducted by the research institute of their ministry.

To further examine how our data compare to existing research, we begin by regressing violent crime rates on the racial, population, family, and economic characteristics used in the literature over the years reported in the literature. We score it so that a high value equals high deprivation. For each of the years, the percentage nonwhite shows a consistent effect on the violent crime rate. Indeed, of all the independent variables, it shows the strongest and most consistent effect.

Video lesson “Subject of the crime”

Special subject

A special subject of a crime is a subject who, in addition to the main characteristics listed above, has additional ones.

And these additional signs are directly indicated in the disposition of the corresponding article of the Special Part of the Criminal Code of the Russian Federation. For example:

The characteristics of a special subject are determined:

Official position (Articles 204, 290 of the Criminal Code of the Russian Federation).
Family connection with the victim (Articles 106, 157 of the Criminal Code of the Russian Federation).
Citizenship (Article 275 of the Criminal Code of the Russian Federation).
Attitude to military service (Articles 336, 337 of the Criminal Code of the Russian Federation).

The absence of signs of a special subject established by a specific article of the Criminal Code of the Russian Federation in a person excludes criminal liability under this article.

Note! A person possessing the characteristics of a special actor may be held criminally liable for organizing, instigating or assisting if he performed a relevant role.

Read more about this in our article “Qualification of crimes committed by complicity.”

ConsultantPlus will tell you in more detail about the special subject of the crime. If you don't have access to the system yet, get it for 2 days free of charge.

To analyze the elements of an environmental crime provided for in Article 247 of the Criminal Code of the Russian Federation 9425k

What types of environmental assessment are provided for by current legislation? List the regulations governing relations related to environmental assessment. TASK 1 A paint and varnish plant began producing paint based on a new, more economical technology. However, production was suspended by order of the state inspector for environmental protection due to the lack of a conclusion from the state environmental assessment. According to scientists, humanity is currently living at the expense of future generations, who are destined for much worse living conditions, which will inevitably affect their health and social well-being.

We also estimate the equation separately for each of the crimes that make up the violent crime index. While the percentage nonwhite effect is consistently large and statistically significant, we must be careful in interpreting this finding because percentage nonwhite and the economic deprivation factor are highly correlated in each decade. Although we appreciate the logic behind this approach, for our purposes it is important to separate the effects of racial composition from the effects of economic structure.

To assess possible collinearity effects, we estimate the percentage nonwhite effect with and without the economic factor in the equation. The percentage nonwhite effect is similar in both specifications of the equation and statistically significant. We also calculate variance inflation factors. They never exceed 6, suggesting collinearity is not an issue. Finally, we estimate the equations using edge regression, which provides more efficient, albeit somewhat biased, estimates. By gradually increasing the ridge constant over a range of values, we obtain estimates of the model parameters over a range of linear transformations of the variance-covariance matrix that balance efficiency and bias. the percentage nonwhite effect remains strong and statistically significant.

What is the corpus delicti and why is it needed?

The corpus delicti is a set of characteristics established by criminal law that define a socially dangerous act as a specific crime.
In other words, the corpus delicti is what allows one to determine whether an act is a crime in principle, and if so, what kind of crime it is.

Note! In “ConsultantPlus” you will find all the necessary educational and practical materials, as well as the latest texts of regulatory legal acts. If you don't already have access to the system, get it for two days free of charge.

The meaning of the crime

Article 8 of the Criminal Code of the Russian Federation defines the corpus delicti as the basis for criminal liability:

It would seem, why complicate it, if it’s already obvious: theft is theft in Africa, too, why else teach some kind of composition? But everything is not as simple as it seems.

The Special Part of the Criminal Code contains about 300 articles, most of which are divided into parts. Murder alone is covered by four different articles. Which one to choose? And if you consider that murder is far from the only possible option for causing death, then everything becomes completely confusing.

In order to accurately determine which of the many crimes has been committed and whether it is a crime at all, the corpus delicti exist.

Analysis of the composition of 105 Criminal Code of the Russian Federation

The motives for committing a crime, as a rule, are a difficult financial situation, a psychologically traumatic situation (that is, a combination of difficult personal or family circumstances) and others. In accordance with Article 106 of the Criminal Code of the Russian Federation, the murder by a mother of a newborn child during or immediately after childbirth, as well as the murder by a mother of a newborn child in a psychotraumatic situation or in a state

In general, although we remain sensitive to collinearity issues. We also estimate these equations by including per capita income and region. Even in that year, including region, the estimates of other variables do not change. The beta for percent nonwhite is 45 including region and 40 excluding it, and the beta for economic deprivation is 29 including 3.6 excluding it. We are also interested in whether the discordant effect of economic deprivation across decades reflects collinearity, so we also estimate an equation excluding the percentage nonwhite.

Object of crime. The objective side of the crime. Subject of the crime. The subjective side of the crime. Types of crime. The concept and criminal legal significance of the crime. Elements and signs of a crime. The object of the crime and the objective side of the crime. Subject and subjective crime. Fundamental and procedural, guarantee function. Historical milestones in the formation of the institution of corpus delicti in Russian legislation.

While declining percentages of nonwhites increase the size of economic deprivation coefficients, the pattern of coefficients remains unchanged. Since economic deprivation is not the focus of this article, we reserve additional analysis for another article.

With respect to disentangling racial composition into the effects of racial composition versus economic composition, our consistent results across a range of methods indicate that the racial composition effect found in this and numerous other cross-sectional analyzes is not simply a product of collinearity. It is significant and significant and thus demands our attention.

Elements: object (subject) and subject, objective and subjective sides

These elements include 4 subsystems (SP), the analysis of which is presented below:

An object is a relationship in society that is protected by law. Also, the law protects all interests and benefits. In this case, it is very important to separate the concepts of object and subject of the crime. For example, a theft has been committed. Property that has been stolen is the subject of a crime. The object is a property relation. The object of a crime has its own classification. An object can be general, specific, generic or immediate. By common we mean the common relationships and interests of all people. A generic object is a group of relationships in society that are interconnected. And crimes, by their nature, are legally connected. The specific object implies division into chapters of the Criminal Code of the Russian Federation. Example: one chapter includes crimes that infringe on human health. The object of the crime is an attack on life. Direct object - occurs when there is an encroachment on a certain benefit, relationship or property.
The objective side - arises as a result of the commission of an act, the external side is observed. A person can see this objective side. In this case, an example is that a hooligan commits an attack, breaks into a home, and the like.
The subjective side is the mental component of a person when he commits a crime. The subjective side includes guilt, motive, and purpose. If one of these components is missing, then it means there is no subjective side. But guilt is a necessary element. Guilt is a state that a person experiences for an act committed. When a person can be responsible for his actions, gives an account of his actions, then the person can be found guilty.
Subject . This concept can be given several definitions. This is what one of them sounds like: signs that characterize a person who has committed a crime or a socially dangerous act. These signs allow a person to be prosecuted in a criminal case. Subjects are divided into 2 categories: special and general. Special include those features that are not typical for all other subjects. General - includes characteristics that can be applied to all subjects.

Video: diagram of the elements of the crime

The video shows a diagram of the elements of a joint venture in criminal law:

Article 161 of the Criminal Code of the Russian Federation, disassembled by composition

carrying out business activities without registration, i.e. when in the corresponding united. Lovely Dream Student (197), closed 5 years ago Fraud. Analysis by composition 1) According to the degree of public danger, the crime committed, Part 1, main. Part 2. qualified Part 3. 2) By design

an object. sides mat. composition 3) By structure By elements 1) By criminal object (general. Viewed 851 times Asked 2013-10-24 10:38:54 +0400 in the topic Administrative law from the city.

They are likely to overestimate the effect of racial composition. To address this issue, we develop and evaluate models of change. An important problem when studying change is the procedure for measuring it. In the former, only the differences depend on a variable, which regresses that difference on the levels of the independent variables, while the latter method distinguishes both dependent and independent variables by regressing the differences in the dependent variable on the differences in the independent variables. We are not sure about this and therefore prefer to compare the more traditional semi-difference method with other methods. In the difference estimation method, the change from Time 1 to Time 2 is regressed on the independent variables, including the Time 1 level of the dependent variable.

What was the child doing? Tasks are paid. inexpensive. discounts by March 8 Object: the life of another person. Objective side: see the dispositions of both parts of this article. I don't see any point in rewriting. Subject: a sane individual over 16 years of age. Subjective side. 1. The objective side of the crime is characterized by four forms of criminal activity: 1) carrying out business activities without registration, i.e.

4 tbsp. 111 and parts 1, 2 art. 105 of the Criminal Code of the Russian Federation, the use of compulsory measures of a medical nature, issues of qualification of crimes.

The issues of considering evidence, taking into account the results of forensic examinations and others are also analyzed. The Supreme Court of Karelia, in particular, notes that the courts avoid imposing a sentence close to the maximum. In the vast majority of cases, the punishment does not exceed 2/3 of the maximum sanction, and punishment of more than 12 years is practically never imposed (without taking into account the totality)

Statute of limitations

Let's look at what penalties are provided for robbery and what statute of limitations they have:

Part 1 of Article 161 - unskilled robbery - is a crime of medium gravity (punishment by imprisonment - up to four years). The statute of limitations for such crimes lasts for 6 years.
Part 2 of Article 161 - a serious crime (sanction - placement in a prison camp for up to 7 years). The statute of limitations will be 10 years.
Part 3 of Article 161 is already a crime that belongs to the category of especially serious ones (maximum punishment - up to 12 years of isolation from society in a correctional institution). The statute of limitations for such acts expires only after 15 years.

Lectures on Criminal Law Special part of DOC

Illegal acquisition, storage, transportation, manufacture, processing of narcotic drugs, psychotropic substances or their analogues, as well as illegal acquisition, storage, transportation of plants containing narcotic drugs or psychotropic substances, or their parts containing narcotic drugs or psychotropic substances (Article 228 Criminal Code) Theft or extortion of narcotic drugs or psychotropic substances, as well as plants containing narcotic drugs or psychotropic substances, or their parts containing narcotic drugs or psychotropic substances (Article 229 of the Criminal Code)

Criminal Code for Dummies (D. A. Usoltsev, 2016)

Subject of the crime

Who can initially be held responsible for the crime he committed? Toad? Big Foot? Bumbarash LLC? Kuzka's mother? Yeshkin's cat? Or are they all bipedal, including two-legged birds? Or is it EVERYTHING, including ghosts? “Everyone” – who is this? Who is the SUBJECT of the crime?

Russian people don’t know their language much better than Americans know theirs. Remember “subject-predicate-verb”. From Latin, the word “subject” is literally translated as “subject” and usually means the one who acts, the point of departure of the will, some conscious volitional principle. Thus, in general, the “subject of the crime” is the one who committed the crime. This is from a general linguistic point of view. And from a purely legal perspective, the “subject of a crime” is a kind of abstract figure, it is part of such an artificial template as the “corpus delicti.” There are 4 faux elements in this template. “The subject of the crime” is also an artificial element, a certain structure in a mental image, divorced from reality, from events, actions, memory, tricks, impressions, fairy tales, chaos, chaos. In this sense, the “subject of a crime” is not someone who, somewhere, at some time, for some reason, committed a crime. INITIALLY, not every person who has committed a crime is its subject (criminal), not everyone is responsible, not everyone will be punished...

For example, a child. He doesn’t understand a lot, he’s not responsible for a lot of things, he’s not an adult yet, he’s still small and green. It hasn't happened yet. It’s as if he is not yet a man. Quite objectively, due to his general development, he cannot realize, understand, comprehend everything, and does not even fully control his behavior. After all, he is suggestible. He is also unstable and impulsive. It is unfair to demand from children ALREADY as from adults, accomplished, final.

What about sick people? The same thing: how can you demand that a person be responsible for his actions if he is not really aware of and/or does not control his actions? He's crazy, what can you get from him? A healthy adult, when committing a crime, makes a choice - “to commit or not to commit”, but what about a crazy person, if he is insane?

Age and mental health are a full-fledged part of such a concept as guilt, which we partially discussed earlier...

All this, of course, was taken into account by the legislator. Here, read:

Article 19. General conditions of criminal liability

Only a sane individual who has reached the age established by this Code is subject to criminal liability.

(For the youngest readers, I’ll immediately clarify: “individual” is a person, and “legal entity” is not a person, it is an enterprise, institution or organization.)

This means that from a purely legal point of view, THEY ARE NOT SUBJECTS OF A CRIME (and therefore are not subject to criminal liability):

– not people;

– legal entities;

– people who have not yet reached a certain age;

- all insane people.

That's all, actually. There are three important points left to consider:

– at what age does criminal liability begin (i.e. at what age does a person fall under the definition of “subject of a crime” and he can/should be brought to criminal responsibility and punished)?

– What is sanity and insanity?

– are there special “subjects of a crime” when any person cannot become a subject of a crime, even if he wants to?

Let's start with age.

I quote Article 20 of the Criminal Code (you don’t have to read too much for now):

Article 20. Age at which criminal liability begins

1. A person who has reached the age of sixteen at the time of committing a crime is subject to criminal liability.

2. Persons who have reached the age of fourteen at the time of committing a crime are subject to criminal liability for murder (Article 105), intentional infliction of grievous bodily harm (Article 111), intentional infliction of moderate harm to health (Article 112), kidnapping (Article 126), rape (Article 131), sexual assault (Article 132), theft (Article 158), robbery (Article 161), robbery (Article 162), extortion (Article 163), unlawful taking of a car or other vehicle without the purpose of theft ( Article 166), intentional destruction or damage to property under aggravating circumstances (part two of Article 167), terrorist act (Article 205), hostage taking (Article 206), knowingly false report of an act of terrorism (Article 207), hooliganism under aggravating circumstances (parts second and third articles 213), vandalism (Article 214), illegal acquisition, transfer, sale, storage, transportation or carrying of explosives or explosive devices (Article 222.1), illegal manufacture of explosives or explosive devices (Article 223.1), theft or extortion weapons, ammunition, explosives and explosive devices (Article 226), theft or extortion of narcotic drugs or psychotropic substances (Article 229), rendering vehicles or means of communication unusable (Article 267).

3. If a minor has reached the age specified in parts one or two of this article, but due to mental retardation not associated with a mental disorder, during the commission of a socially dangerous act he could not fully understand the actual nature and social danger of his actions (inaction) or manage them, he is not subject to criminal liability.

Here's a quick question for you. Imagine a 13-year-old child commits murder. He is not yet old enough to FULLY AWARE of the significance of his actions, but in general he understands everything... That is, there seems to be a presence of GUILT, his crime is probably “guilty committed.” Well, does that mean this child should be held responsible for this crime and should be punished? No, you shouldn't. Because there is no corpus delicti! After all, WHO EXACTLY is responsible for the crime: “Only a sane individual who has reached the age established by this Code is subject to criminal liability.” What age is this? Part 1 of Article 20 of the Code: “A person who has reached the age of sixteen at the time of committing a crime is subject to criminal liability.” However, there is also the 2nd part of the same article, where there is a clarification, from which it is clear that responsibility for murder begins from the age of 14. In the example we are considering, the child is 13 years old. He is not subject to criminal liability and will not be punished. Why? But he is not the “subject of the crime”! Well, he does not fall under the definition of “subject of a crime”! Didn't age! In other words, in this case there is no crime... There is no one to punish!

So, responsibility for murder begins at the age of 14. Well, at what age does responsibility begin for theft, for rape, for slander, for the illegal manufacture of weapons, etc.???

Once again I will give the GENERAL norm in full:

A person who has reached the age of 16 at the time of committing a crime is subject to criminal liability.

This means that for ALL possible crimes a person can bear criminal responsibility only from the age of 16, but there are types of crimes (there are very few of them) for which a person bears criminal responsibility from the age of 14:

Persons who have reached the age of 14 at the time of committing a crime are subject to criminal liability for:

• murder (Article 105),

• intentional infliction of grievous bodily harm (Article 111),

• intentional infliction of moderate harm to health (Article 112), kidnapping (Article 126),

• rape (Article 131),

• violent acts of a sexual nature (Article 132),

• theft (Article 158),

• robbery (Article 161),

• robbery (Article 162),

• extortion (Article 163),

• unlawful taking of a car or other means of transport without the purpose of theft (Article 166),

• intentional destruction or damage to property under aggravating circumstances (part two of Article 167),

• terrorist act (Article 205),

• hostage taking (Article 206),

• knowingly false report about an act of terrorism (Article 207),

• hooliganism under aggravating circumstances (part two of Article 213),

• vandalism (Article 214),

• theft or extortion of weapons, ammunition, explosives and explosive devices (Article 226),

• theft or extortion of narcotic drugs or psychotropic substances (Article 229),

• rendering vehicles or means of communication unusable (Article 267).

So, what to do with the victims of democratization? What to do with those who grew up in the so-called “free country”? That is, with those who are already wow, how many years old, but they don’t even care, because cockroaches crawl along the convolutions in their heads? Nowadays, people grow up not on books, but on television, on idiotic cries from the fool’s box... Saliva slowly flows and falls onto the screen of a cell phone. And the Code also provides for this: if a person has nevertheless reached the age specified in the Criminal Code (i.e., 16 years old or, for some crimes, 14 years old), but due to mental retardation at the time of committing a socially dangerous act could not fully understand the actual nature and social danger of his actions (inaction) or direct them, he is not subject to criminal liability. This is stated in Part 3 of Article 20 of the Code (given above).

We figured it out with age. Whatever “crime” in the general linguistic sense of the word a small child might commit, it will not be a “crime” in the purely legal sense of this word, because the child “does not qualify” for the “subject of a crime”... and he is not subject to criminal liability, he is “not responsible” for committing a socially dangerous act due to his age (and age-related characteristics).

Now about insanity.

Let me give you an example right away. Some strange guy on a sunny day came out of some gate with a canister, approached a standing car, broke the driver's window, poured liquid from the canister on the inside and outside of the car, set it all on fire, the car caught fire and exploded. Then it turned out that the above-mentioned “incomprehensible bloke” was a mentally ill person, who was briefly discharged from the corresponding hospital. The question is: is what he did a crime? His actions are not a crime, because there is no corpus delicti. The car is blown up, but there is no “crime”. Because a “mentally ill person” is akin to a tornado or a landslide... He does not control himself, he, one might say, acts unconsciously, there is nothing to punish him for: he is not GUILTY of anything. Like this. Let's complicate this example: imagine that this person was discharged from the hospital illegally. That is, someone, admitting that this psycho is dangerous, releases him into the light of day. It turns out that the car was burned due to the connivance, negligence of some hospital employee, it was burned because someone indirectly contributed to this, without directly wanting it and not even suggesting that this was possible... Stop. And why – “without assuming”? Isn’t this mental hospital worker obliged to assume this? He illegally releases a mentally ill person who, obviously, can do anything... Does the fault lie with the doctor? Is he responsible for this explosion? You and I, dear readers, have come close to the concept of “guilt”. Guilt is part of the basic concept of criminal law “corpus delicti”. In general, guilt manifests itself in two forms - in the form of intent or in the form of negligence. Yes, in Criminal Law there is a serious concept - “criminal negligence”... Is there some kind of cause-and-effect relationship between the illegal discharge of a madman from a hospital and the commission of a crime by this madman? Do the doctor's actions constitute "criminal negligence"? After reading this book in its entirety, you will answer this question yourself.

In the Criminal Code (Article 21) it is written about insanity as follows:

1. A person who, at the time of committing a socially dangerous act, was in a state of insanity, that is, could not realize the actual nature and social danger of his actions (inaction) or control them due to a chronic mental disorder, temporary mental disorder, dementia or other, is not subject to criminal liability. painful mental state.

2. A person who has committed a socially dangerous act provided for by criminal law in a state of insanity may be imposed by a court with compulsory medical measures provided for by this Code.

And further:

End of introductory fragment.

Murder (Art.

It would seem that everything should be the other way around. Russia has declared itself a legal and democratic state, which means the rule of law in everything, as it should be in a civilized country. But in fact, what happens is that the laws in our state do not yet have that authoritative power before which everyone would be equal, as the Constitution of the Russian Federation proclaims. Recently, a lot of reforms have been carried out in Russia, mostly legislative.

Criminal Code (Criminal Code of the Russian Federation)

The types of punishment and the rules for assigning them have been established. Contains rules on compulsory medical measures. The special part describes the elements of specific crimes, and also lists sanctions (types and amounts of punishment) for their commission. The system of this part reflects the priorities of criminal law protection: crimes against the person are given first place. Next come crimes in the economic sphere, against public safety and order, state power, military service, peace and security of mankind. In the new Criminal Code of the Russian Federation, according to the degree of public danger, along with serious crimes, particularly serious ones are distinguished.

The norms, in particular, provided for the death penalty for this crime. In the previous historical period, regulations did not provide for a significant difference between the level of public danger of abuse of power and abuse of power, between negligence and inaction of officials. This was reflected in the penalties for basic and qualified squads. As practice shows, an overly abstract description that does not contain clear criteria allows for fairly wide limits for the consideration of cases by the court.

Murder (Article 105 of the Criminal Code of the Russian Federation)

For other types of crimes against human life, criminal liability begins only from the age of 16. 1) Simple murder - murder, in other words, the intentional causing of death to another person, committed both without aggravating and without mitigating circumstances specified in Part 1 of Article 105 of the Criminal Code of the Russian Federation. It must be borne in mind that the intentional unlawful taking of life committed

Analysis / analysis / of examples regarding the content of the crime

Disclosure of the concept of high treason as a criminal offense

2. Analysis / analysis / of examples regarding the content of the crime

The examples I have given are fictitious, although they may well or even take place in modern real life in Russia /by meaningful analogy.

EXAMPLE No. 1.

One of the leading officials of the Ministry of Defense of the Russian Federation, a certain Colonel General A., holding a responsible position in the provision and construction of radar stations throughout Russia, through official forgery, disrupted the construction of these radar stations according to an already planned schedule and thereby caused significant damage to the external security of Russia .

From the materials of this case it follows:

Colonel General A., while on vacation at one of the resorts in the Caucasus, met the director of one of the commercial banks, citizen B. Citizen B is not only a director of the bank, but also a co-founder of one of the joint Russian-English enterprises in Moscow and is a citizen RF. As a result of a joint conspiracy between these citizens, it was decided to steal funds used for the construction of the radar station, also using in this crime a commercial bank, the director of which is Mr. B.

The mechanism for committing the crime was based on the enormous official powers of General A. and on the specific official powers of Mr. B., as the director of a commercial bank and co-founder of a joint venture. General A. had essentially unlimited access to various types of documentation and this allowed him to commit this crime. The materials of this case indicate the accomplices of General A., that is, two of his direct subordinates in the ministry who took direct part in this crime.

Colonel General A. himself explained to the investigation that his actions were based only on SELF INTEREST. General A. used the money obtained illegally to build a luxurious personal three-story cottage and to purchase expensive cars, jewelry, etc. through relatives. General A. expressed his attitude towards causing significant damage to the EXTERNAL SECURITY of RUSSIA as regret for what he had done and, of course, awareness of the full extent of the damage to external security for Russia by his act.

It should further be added that his accomplice, Mr. B, managed to escape outside Russia. The connection between Mr. B. and foreign intelligence services was not established by FSB employees, and the verified activities of the joint venture did not produce concrete results to determine that it was illegal.

The total amount of stolen money intended for the provision and construction of work on the radar station amounted to 1.28 billion rubles. This act brought enormous damage to Russia's defense capability, or rather to such an important component of it - control of Russian airspace in order to ensure proper defense capability.

General A.'s accomplices also admitted their guilt in embezzling state funds, but rejected guilt in treason against the state.

CONCLUSIONS OF LEGAL ANALYSIS:

1. The crimes of General A. cannot be qualified under Art. 275 of the Criminal Code of the Russian Federation / High Treason / on the following grounds:

A) there is no evidence of connection or contact of the perpetrator with representatives of a foreign state, foreign organization or facts that could be designated as providing assistance to the latter in carrying out hostile activities against Russia;

B) The subjective side of the actions of Mr. A. represents the absence of the perpetrator’s plan, which included assistance to a foreign state or their representatives in carrying out hostile activities to the detriment of the external security of Russia;

C) the object of the crime is the material side or material security of the Armed Forces, or rather the finances of these radar stations, as a means of their maintenance and construction, but nevertheless the defense capability of Russia, respectively;

D) The objective side of the crime, although it represents damage to the external security of Russia, but taking into account paragraphs a) and b) and c) of the grounds I have listed, it refers to the objective side of Art. 210 part 3 of the Criminal Code of the Russian Federation /Organization of a criminal community/ as committed by a person using his official position to commit grave or especially grave crimes;

E) in the actions of General A.’s accomplices there is also no evidence of their connection or assistance to a foreign state or their representatives in carrying out specific hostile activities against Russia;

E) the subject of the crime also denies his guilt - as assistance to a foreign state or their representatives in carrying out hostile activities against Russia to the detriment of external security.

Thus, the crime of General A lacks the elements provided for in Art. 275 of the Criminal Code of the Russian Federation High treason, but contains elements of other crimes provided for by this Criminal Code of the Russian Federation, namely:

1. Creation and management of a criminal community in order to develop and conditions for the commission of grave or especially grave crimes using one’s official position / Art. 210 part 3 of the Criminal Code of the Russian Federation/.

2. Abuse of official powers contrary to the interests of the service, since this act was committed out of selfish interest and entailed a violation of the interests of the state, and also entailed grave consequences / Art. 285 part 3 of the Criminal Code of the Russian Federation/.

3. Deliberately introducing false information into official documents by the perpetrator, who is a civil servant, distorting their actual content out of selfish interest / Art. 292 of the Criminal Code of the Russian Federation Official forgery/.

All specified crimes must be incriminable  ?  ?  ?  ?   crimes, because punishment for intentional acts is provided in the form of imprisonment for a term of more than ten years or a more severe punishment.

EXAMPLE No. 2.

The general director of a closed /regime/ enterprise producing important parts and assemblies for the rocket-building industry, Mr. M., using his official powers, contributed through his real actions to the fact that this enterprise stopped producing its products and was repurposed into an enterprise producing auxiliary equipment for the oil industry.

FSB employees drew attention to the frequent departures of the general director, Mr. M., in particular, to Czechoslovakia and Germany. But the specific reason for the official investigation was a statement to the local FSB from one of the employees of this enterprise that outright theft of obscenities was flourishing in the management system of the enterprise. valuables and funds and that the actual closure of the production of missile parts important for the defense of the country, etc., was artificially created, etc. The FSB bodies, together with a special state commission, carried out an appropriate inspection at this enterprise, and the FSB bodies also carried out a successful operation to eliminate the main source of criminal acts - an organized group led by ?  ?  ?  ?  ? ov forced Mr. M as director important defense enterprise to cooperate with it. The final goal of such cooperation was to remove the defense enterprise from the list of existing ones by classifying it as unprofitable, or, in other words, bankrupt, etc.

The payment for this “cooperation” was immediately presented in the form of a mansion in one of the picturesque places of Czechoslovakia with a large plot of land, as well as in the form of 3.5 million US dollars in any form of immediate payment.

The specific reason for blackmailing Mr. M. was the large financial thefts Mr. M. committed from the funds and budget of this defense enterprise.

Thus, Mr. M. explains, he agreed to Mr. Zh.’s proposal, but on the condition that after a few years of this cooperation he would have the opportunity to leave Russia and obtain Czechoslovak citizenship.

Mr. M. explained his attitude to what he had done by saying that he was completely confused in financial and other areas and realized, of course, the significance of the damage he caused to Russia’s defense capability.

It should be added that the total composition of the criminal group was determined by the investigation to be eight people /only from employees of this enterprise/. Direct contacts with Mr. Zh. (receiving instructions, etc.) were carried out only by Mr. M. He also provided direct leadership on all aspects of the effective implementation of the developed criminal plan.

CONCLUSIONS OF LEGAL ANALYSIS:

1. The criminal actions of Mr. M. are considered a completed crime and must be qualified as high treason in accordance with Art. 275 of the Criminal Code of the Russian Federation on the following grounds:

A) the object of the criminal attack is the external security of Russia;

B) the objective side involves causing significant damage to Russia’s defense capability, which is expressed in the actual withdrawal of a defense enterprise from the number of operating ones;

C) the subject of the crime is a capable citizen of Russia, whose age allows him to be brought to criminal responsibility;

D) the subjective side of this crime is a directed intent - to damage the external security of Russia, and the motive, according to the case materials, is self-interest combined with fear of the consequences of what was done earlier;

D) the investigation materials clearly indicate the fact of direct contact / communication / of the perpetrator with a representative of a foreign state and the commission of hostile activities on the instructions of the latter;

E) hostile activity resulted in damage to Russia’s defense capability;

G) assistance to a representative of a foreign state resulted in the specific conduct of hostile activities to the detriment of the external security of the Russian Federation;

3) this crime is completed, since the actual provision of assistance to a foreign representative by the perpetrators in carrying out hostile activities against the external security of Russia has already produced negative results, and the beginning of the provision of this assistance is calculated from the moment of the beginning of criminal actions to carry out hostile plans.

2. This crime, according to Art. 15 part 5 of the Criminal Code of the Russian Federation, belongs to the category of ESPECIALLY SERIOUS CRIMES, since there are intentional actions, for the commission of which this Criminal Code provides for punishment in the form of imprisonment for a term of over ten years or a more severe punishment.

3. Other crimes of Mr. M.: organization of a criminal community / Art. 210 Part 3 of the Criminal Code of the Russian Federation/, official forgery / Art. 292 of the Criminal Code of the Russian Federation/, deliberate bankruptcy of the enterprise entrusted to him / Art. 196 of the Criminal Code of the Russian Federation/ - according to Art. 17 part 1 of the Criminal Code of the Russian Federation / Totality of crimes / should be incriminated against Mr. M. according to the actual totality of crimes.

4. The main crime of Mr. M., according to Art. 8 of the Criminal Code of the Russian Federation / Grounds for criminal liability /, as well as Art. 9 part 2 of the Criminal Code of the Russian Federation / The operation of the criminal law in time and space / is high treason, Art. 275 of the Criminal Code of the Russian Federation, since the acts committed by Mr. M. correspond to the elements of this crime.

FINAL DEFINITION:

Citizen M., being the general director of a sensitive defense enterprise, in a criminal conspiracy with a representative of a foreign state, deliberately committed a number of actions that entailed the withdrawal of this enterprise from the existing ones, while using illegal methods and means to achieve one goal - stopping the production of defense products. At the same time, Mr. M, to achieve this goal, used official forgery and falsification of other aspects related to the financial and production activities of the enterprise entrusted to him by the state - for the deliberate bankruptcy of the enterprise. This was achieved by Mr. M. in a criminal conspiracy with a number of people also working at this enterprise.

Mr. M. motivated his actions by the thirst for profit, as well as the fear of revealing the thefts he had previously committed under the pressure of blackmail from the foreign citizen Zh., who is a relative on his wife’s side. The act of criminal conspiracy between Mr. M. and foreign national Zh. took place in Czechoslovakia and was intended to cause damage to the external security of Russia. At the same time, the payment from Mr. Zh., as the customer of these acts, was expressed in material benefits for Mr. M.

There were also other criminal actions on the part of Mr. M., expressed in the theft of monetary and other material assets belonging to this enterprise.

SO: the actions of Mr. M. contain the elements of a crime provided for in articles: 275 of the Criminal Code of the Russian Federation, High Treason, Art. 210 Part 3 of the Criminal Code of the Russian Federation Organization of a criminal community or criminal organization, Art. 292 of the Criminal Code of the Russian Federation, Forgery, Art. 196 of the Criminal Code of the Russian Federation, intentional bankruptcy, Art. 285 part 3 of the Criminal Code of the Russian Federation Abuse of official powers out of selfish interest.

CONCLUSION:

At the beginning, I would like to quote lines from the Commentary to the Criminal Code of the Russian Federation, namely: “The new Code is also characterized by a weakening of attention to ensuring the protection of Russia’s national security. Thus, it without sufficient grounds, compared to the Criminal Code of the RSFSR, reduced the sanctions of many articles providing for liability for crimes against military service.” Further: “However, as is known, ideal laws do not exist. Law enforcement agencies are already concerned about some unsuccessful (and sometimes erroneous) decisions and gaps in the new Code. This poses very serious, sometimes intractable problems for law enforcement practice.”

Legal content of Art. 275 of the Criminal Code of the Russian Federation does not fully satisfy the applicability of the law to protect Russia from threats to damage its defense capability, since the interpretation of this article fundamentally excludes a number of possibilities that, in essence, as well as in logical and real probability, can be used to cause damage to the external security of Russia, as well as damage the defense capability. After all, a laconic interpretation as: other provision of assistance to a foreign state, foreign organization or their representatives in carrying out hostile activities to the detriment of the external security of the Russian Federation,” this, objectively, must necessarily be associated with the establishment of contact / communication / between a Russian citizen and a foreign representative, etc. .d. and also the receipt by the citizen of Russia of an assignment from the latter to carry out any hostile activity to the detriment of the external security of Russia.

You can imagine the following picture:

Ever (several years ago or even more than ten years ago) a citizen had the opportunity to communicate confidentially with one of the representatives of a foreign state, and the reason for this communication could be very different. The result of such communication could be the recruitment of a Russian citizen, but not as a subject of espionage, but to take this citizen up the career ladder, supposedly to implement any of the latter’s political convictions or views. Moreover, it should be noted that this citizen of Russia is not only morally fallen, but there are also certain psychological pathologies, inclinations, etc.

Now it is also easy to imagine that this citizen of Russia, one way or another, nevertheless rose to one of the highest levels of supreme state power. He could well become the Minister of Finance, one of the main figures in the Ministry of Defense, etc. The same “comrades in politics,” etc., could really help him in such “growth.”

Of course, the subjective side of the further actions of a given citizen / as a legal entity / may contain the most diverse aspects and motives: nationalist hostility towards any specific national component of the country’s population, an ingrained sense of revenge, self-interest manifested in a particularly large material interest, political incompatibility of internal hidden beliefs with the interests of Russia, etc.

The results of the “actions” of such a citizen are easy to imagine. We just need to take a closer look at the current state of affairs in Russia.

Legally, prove the direct connection of this citizen with the special. services or other representatives of a foreign state, given his official state position, will be practically impossible. It should also be taken into account that this legal entity may not need the listed contacts at all /by logical probability/. And if it does happen, it will be reliably hidden.

Now, considering the very possibility of causing damage to the external security of Russia, as well as damage to the defense capability of Russia on the part of the specified citizen, as a legal entity, as holding a high position in any aspect of governing the country - can /logically/ be considered as unlimited /taking into account all of the above stated/.

Thus, reasoning further, it was possible and necessary to legally bind in this Law the responsibility of the HIGHEST AUTHORITY OF THE COUNTRY for those specific actions / inactions / that ultimately caused or may cause damage to the external security of the country. And the chapter in the Law could be designated as “Crimes against the national security of Russia” or “Crimes in the highest state bodies that damage the external and national security of Russia.”

It is also well known that, for example, the external security of a state directly depends on the economic security of that state, and it directly depends on the direct actions / inactions / of the highest spheres of state power. Would it be correct to link the concepts of “treason” with the concept, for example, “head of government” or “civil servant”? Yes, such a connection will be logically and legally correct - if such a connection is in the Law and clearly defines /action/ as a betrayal of the national interests of the state and a weakening of economic security, defense capability, etc.

In my examples on this topic, I have made it emphatically clear about the reality and danger of treason, but not only as direct assistance to a foreign state for the purpose of conducting hostile activities, but also as treason against the national interests of the state and national security. In my heart of hearts, I still hope that the legislator will accept and approve changes and additions to this Criminal Code of the Russian Federation in the near future, taking into account a thorough study of the real state of national security of Russia.

Bibliography:

Commentary on the Criminal Code of the Russian Federation /1998, Generally edited by the Prosecutor General of the Russian Federation Yu.I. Skuratov and the Chairman of the Supreme Court of the Russian Federation V.M. Lebedev.

Materials of Russian newspapers and magazines for the period from 1996 to 1999 / “Rossiyskaya Gazeta”, “Shield and Sword”, “Arguments and Facts”, “Man and the Law”, etc./

Disclosure of the concept of high treason as a criminal offense

Information about the work “High Treason”

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