The totality of crimes and its criminal legal significance

1. The concept and signs of the objective side of the crime
2. Socially dangerous act. The importance of force majeure, physical and mental coercion for resolving the issue of criminal liability
3. Socially dangerous consequences
4. Causality
5. Other optional signs of the objective side of the crime

In every human act, external and internal signs can be distinguished. External signs are the manifestation of human behavior in objective reality. Internal are mental processes that occur in a person’s mind and determine his behavior. These signs form a psychophysical unity. And although the division of human behavior into external (objective) and internal (subjective) sides is quite arbitrary, this approach is important for the legal analysis of the nature and degree of social danger of the committed act, its specific characteristics, and, ultimately, for establishing the crime.

The concept and signs of the objective side of the crime

The objective side of the crime characterizes the external side of the criminal act. To denote the external manifestation of socially dangerous behavior, the legislator uses the term “action”, which includes action and inaction.

The objective side consists of a socially dangerous and illegal act, which is committed in a certain way under the conditions of a specific place, time, situation, in some cases with the help of certain instruments or means. An important component of the objective side of a crime is often the socially dangerous consequences caused by the behavior of the criminal.

In his study, Professor V.N. Kudryavtsev gave the following definition: “The objective side of a crime is a process of socially dangerous and unlawful encroachment on interests protected by law, considered from its external side, from the point of view of the sequential development of those events and phenomena that begin with the criminal action (inaction) of the subject and end with the onset of the criminal result"2. The diversity of crimes is formed mainly due to differences in the objective side of the crime.

The objective side of any crime is characterized by a group of signs that determine the external side of a socially dangerous act. Signs are divided into two types: basic (mandatory) and optional (additional). The division into mandatory and optional elements of a crime is carried out based on the generalized (general) composition of the crime. The main features are those that are inherent in all elements of the crime, and the optional ones – only in some.

In criminal law, it is customary to divide the elements of crimes according to the design of the objective side into material and formal. The corpus delicti is called material if the obligatory features of the objective side of such a corpus delicti are: a socially dangerous act (action or inaction), a socially dangerous consequence and a causal relationship between the socially dangerous act and the socially dangerous consequence that has occurred. A classic example of material composition is murder (Article 105 of the Criminal Code of the Russian Federation). The group of material crimes also includes many other crimes, for example, causing death by negligence, theft, robbery, negligence. The corpus delicti is called formal if the obligatory feature of the objective party is a socially dangerous act (action or inaction).

Taking into account the above, by generalization it should be concluded that only a socially dangerous act (action or inaction)1 should be considered a mandatory sign of the objective side of a crime. And a socially dangerous consequence and a causal connection are mandatory features of material compounds, and in relation to formal compounds they belong to the group of optional features.

In addition, we note the identification of such a construction of crimes as truncated. These include such crimes when, in accordance with the increased social danger of the assault, the moment of completion of the crime is transferred by the legislator to earlier stages of criminal activity. That is, the disposition of the corresponding article of the Special Part of the Criminal Code of the Russian Federation is formulated by the legislator in such a way that for the existence of a completed crime, the occurrence of socially dangerous consequences is not required, but rather actions that, in relation to other types of crimes, would form the preparation or attempt to commit the corresponding crimes are sufficient. So, for example, truncated offenses include robbery (Article 162 of the Criminal Code of the Russian Federation), which is recognized as a completed crime from the moment of the attack, while for robbery, an unsuccessful attempt to openly take possession of someone else’s property will be qualified as attempted robbery. The very fact of creating a gang (Article 209 of the Criminal Code of the Russian Federation) is a completed crime, although conspiracy to participate in other crimes will only be preparation for their commission.

Thus, the objective side of a crime is the external manifestation of specific socially dangerous behavior (action or inaction), carried out in a certain environment, place, time and causing harm to social relations protected by criminal law.

The significance of the objective side of the crime is determined, first of all, by the following points. The objective side of the crime, as an element of the crime, is included in the basis of criminal liability (Article 8 of the Criminal Code of the Russian Federation). Correct determination of the signs of the objective side of the crime makes it possible to establish the signs of the subjective side and the subject of the crime.

The signs of the objective side, as a rule, most clearly reveal the nature and degree of social danger of the act. This in some cases makes it possible to distinguish a crime from a minor act, from a violation of the norms of other branches of law. For example, criminal liability for violating traffic rules and operating vehicles occurs if the result is serious harm to human health or death (Article 264 of the Criminal Code of the Russian Federation).

The objective side of the crime makes it possible to distinguish between crimes that are similar to each other in other respects. For example, all crimes provided for in Articles 158–160 of the Criminal Code of the Russian Federation are committed with direct intent and encroach on the same direct object - property relations. It is possible to differentiate between them and correctly qualify what was done in such cases only based on the signs of the objective side, i.e. by the method of confiscating someone else's property. The differentiation of crimes within the framework of the objective side can be carried out depending on the socially dangerous consequences that have occurred, as well as according to some other signs of the objective side. For example, the correct classification of an act that caused harm to health depends on what consequences occurred. The legislator distinguishes between the infliction of: a) grievous harm to health; b) harm to health of moderate severity; c) minor harm to health.

Real totality of crimes

A real totality of crimes is the commission of two or more independent criminal acts, provided that the person has not been convicted of any of them. The number of acts in a real totality corresponds to the number of crimes: two acts - two crimes, three acts - three crimes, and so on. As a rule, acts are committed at different points in time, but if one of the crimes is ongoing, they may coincide in time[2]. In general, the gap between crimes in a real totality can be as small as desired[3]. This form of plurality is most often encountered in practical activities.

The real totality can be heterogeneous (encroaching on different objects), homogeneous (encroaching on one related object) and identical crimes.

In this case, a rule may be provided according to which identical crimes form a real aggregate only if the commission of two or more such crimes is not a qualifying feature of the relevant crime [4]. This provision is present in the Criminal Code of the Russian Federation

The real totality is known to the criminal legislation of many countries of the world, although the relevant norms are contained mainly in the sections on punishment (for example, Chapter IX “The totality of crimes, as well as the addition of punishment and criminal legal measures” of the Criminal Code of Poland, Article 73 of the Criminal Code of Spain (Spanish). )Russian, § 53 “Collection of acts” of the German Criminal Code, Article 132-2 of the French Criminal Code, etc.).

Socially dangerous consequences

If we briefly define the essence of socially dangerous consequences, then these should be understood as those negative changes that occurred as a result of the commission of a socially dangerous act.

Therefore, it is necessary to distinguish between two aspects when studying socially dangerous consequences:

1) damage to public relations as the object of the crime;

2) socially dangerous consequences that occurred as a result of the crime and provided for by criminal law for a particular crime.

From the point of view of the doctrine of the objective side of a crime, we are interested in the latter as a sign necessary for qualification to establish a specific crime.

Socially dangerous consequences by their nature can be of a different nature. It is customary to divide them into tangible and intangible. Material consequences include physical harm (death, harm to health) and property damage caused, for example, by theft. Material consequences are also presented in a number of environmental crimes. Intangible consequences represent moral, ethical, political, organizational harm, etc. It is this kind of consequences that can determine the necessary sign of malfeasance provided for in Articles 285 and 286 of the Criminal Code of the Russian Federation - “a significant violation of the rights and legitimate interests of citizens or organizations, a significant violation of the interests of society and the state protected by law.” When characterizing criminal consequences, the legislator often uses evaluative criteria, for example, “significant violation...”, “grave consequences.” “Their content is largely determined by the legal consciousness of the lawyer applying the law, taking into account the requirements of the Criminal Code of the Russian Federation and the circumstances of a particular case.”

Socially dangerous consequences are provided as a mandatory feature only in material elements of crimes, and in formal and truncated elements the consequences are not mandatory for the elements of a crime (optional)2. Certain harm can be considered as a criminal consequence only if there is a causal connection between the action (inaction) of a person and the occurrence of this harm.

Minority of the act

The insignificance of an act is not a crime due to the fact that it does not pose a public danger (according to its quantitative criterion) due to its insignificance, although formally it contains signs of a specific act provided for in the Special Part of the Criminal Code of the Russian Federation. Insignificance as a property presupposes that the act did not cause harm and did not create a threat of causing it. This sign is very evaluative, requiring law enforcement agencies to take into account all factual circumstances. The issue of recognizing the insignificance of an act falls within the competence of the investigation and the court. A criminal case for minor acts is not initiated or is subject to termination. The commission of an act recognized as minor may be qualified as an administrative or other offense.

Causality

Causality in criminal law is a mandatory sign of the objective side of the material elements of crimes and is necessary for the imputation of socially dangerous consequences.

Causality is objective, i.e. existing outside and independently of human consciousness, the connection between the phenomena of the material world, which characterizes their genesis - the relationship between the generating (cause) and generated (effect) phenomena. Cause and effect are philosophical categories that reflect one of the forms of universal objective connection, interdependence and interdependence of objects, phenomena and processes occurring in nature and society. A cause is understood as a phenomenon that naturally, with internal necessity, gives rise to another phenomenon, considered as a consequence.

The criminal law concept of causation is based on this philosophical concept, but has some specifics. In philosophy, both cause and effect can be various phenomena and processes. In criminal law, a socially dangerous act of a person is always considered as a cause, and socially dangerous consequences provided for by criminal law are always considered as a consequence. Therefore, a causal connection in criminal law is not necessarily a connection between events that are “neighboring” in external sequence. Let us explain this with a simple example. If a person is bitten by a dog, then from a philosophical point of view we can consider the dog bite as the cause, and the injury to the victim as the consequence. But from the point of view of criminal law, a dog as a cause of harm in itself cannot interest us. Therefore, it is necessary to examine why the dog bit the victim. If, for example, the owner set the dog on the victim, then the cause of the injury will be considered a socially dangerous action of the specified person. Taking into account the above, in criminal law there is a direct causal relationship (between neighboring phenomena, for example, property damage as a result of theft) and a causal relationship complicated by the intervention of external forces.

The first monographic study of the problem of causation in criminal law was undertaken by Professor T.V. Tsereteli, who pointed out: “A judge examining the issue of causation in the aspect of criminal liability interrupts his research where unlawful and guilty behavior can no longer be assumed, i.e. when the study of further links of causation cannot be of interest for the practical purposes of criminal law.” Unfortunately, establishing a causal relationship often causes significant difficulties in the course of law enforcement activities.

It seems necessary to highlight the so-called criteria (stages) for determining a causal relationship.

1. Studying a specific action (inaction) of a subject for social danger and illegality in a specific time and situation.
2. The action must precede the result in time.
3. The act must create a danger of causing harm to the object. The act must create a danger of causing harm of the same nature as the harm that occurred.
4. The action must serve as a necessary condition.
5. The act must be not just a necessary condition, but the cause of harmful consequences, taking into account all the features of the situation and the forces involved.

A causal connection in criminal law is such an objective connection between a socially dangerous act of a person and the socially dangerous consequences that occur, in which the act precedes the consequence in time, prepares and determines the real possibility of its occurrence and is a necessary condition causing the onset of the consequence. Until now, the problem of causation in criminal law is debatable2. We emphasize that to establish a causal relationship, the presence of all the criteria discussed above should be analyzed.