The concept and significance of the classification of crimes according to the criminal law of the Russian Federation

Introduction

The relevance of the chosen topic is determined, first of all, by the state of crime and the fight against it in Russia at the present stage of development of society and the state. The classification of crimes formulated in the law, the elements of which are contained in various institutions of criminal law, is an effective tool for combating crime: the legislator uses categories of crimes when establishing the institutions of recidivism, unfinished crime, complicity in a crime; types of punishments such as fines, life imprisonment; rules for sentencing for a set of crimes; rules on probation, as well as on the abolition of probation, conditions for release from criminal liability and from punishment; features of criminal liability of minors. The widespread use by the legislator of various categories of crimes in the criminal law norms of these institutions makes it possible to study the requirements of the General Part of the Criminal Code of the Russian Federation in their interrelation and dynamics of development.

Main part

The object of the study is social relations that make up the content of the institution of classification of crimes in criminal law.

The subject of the study is the theoretical provisions on the classification of crimes in criminal law, the set of criminal law norms regulating these social relations, as well as materials from judicial practice.

The purpose of the work is to study the issue of classification of crimes in Russian criminal law.

To achieve this goal, the following tasks are set:

— define the concept and meaning of the classification of crimes in criminal law;

— characterize the criteria for classifying crimes;

- reveal the content of the classification of crimes.

General issues and the essence of the classification of crimes are revealed in the works of modern Russian scientists such as P.V. Korobova, A.I. Martseva, O.A. Michal, G.V. Nazarenko, A.V. Naumova, V.V. Pitetsky and others.

The abstract consists of an introduction, three chapters, a conclusion and a list of references.

crime criminal punishment

Chapter I. Concept and meaning of classification of crimes in criminal law

The scientific basis for the classification of crimes is important for lawmaking, resolving issues of differentiation of responsibility and individualization of punishment, as well as for the purposes of criminological study of the state and structure of crime.

The classification of crimes involves their differentiation into certain groups (classes), based on the selected criterion. The basis for the classification of crimes can be their social danger in general, or a specific sign of a criminal act, or a combination of such signs.

In a practical aspect, classification in criminal legislation plays a significant role in law enforcement practice, since it forms a special regime for the functioning of the General and Special Parts of the Criminal Code of the Russian Federation, criminal legal institutions and norms, in which new opportunities open up for subjects of criminal legal relations to achieve legitimate interests of more in an effective way. The practical value of the classification of crimes is determined by how fully and consistently it is reflected in the design of various criminal legal institutions.

The functional significance of classification in criminal legislation is determined by the following features: it allows one to understand the essence of the institutions included in criminal legislation, establish the purpose of various classification groups, determine their objective characteristics, the main characterizing components; helps to present the phenomena being studied in a scientifically substantiated and structured form, to identify their relationships and subordination, to understand them as parts of the whole and, based on the idea of ​​this integrity, to predict the presence of missing links, that is, to diagnose and predict new phenomena; promotes the study of the studied criminal legal institutions in a detailed form and at the same time connects (groups) their diverse and sometimes contradictory manifestations in the process of practical implementation; serves as a means of systematization as one of the forms of scientific generalization, connects them into a single integral system, determining their place in a variety of criminal legal systems; establishes relationships within each classification group, highlighting negative aspects in the field of criminal legislation, thereby increasing the efficiency of conducting scientific research on improving the criminal law, etc.

The legislative classification of crimes is very important for solving a number of practical issues in the application of criminal law.

1. The category of crime is taken into account when establishing dangerous (part 2 of article 18 of the Criminal Code of the Russian Federation) and especially dangerous (part 3 of article 18 of the Criminal Code of the Russian Federation) recidivism.

2. Criminal liability arises for preparation only for a serious or especially serious crime (Part 2 of Article 30 of the Criminal Code of the Russian Federation).

3. A criminal community (criminal organization) can be recognized as a cohesive organized association created to commit grave or especially grave crimes (Part 4 of Article 35 of the Criminal Code of the Russian Federation).

4. When sentenced to imprisonment, the type of correctional institution and the regime of the correctional colony are assigned to men, taking into account the category of the crime for which the punishment was imposed (Article 58 of the Criminal Code of the Russian Federation).

5. The death penalty and life imprisonment can only be imposed for especially serious crimes that encroach on life (Articles 57, 59 of the Criminal Code of the Russian Federation).

6. The significance of a circumstance mitigating punishment may be the commission for the first time due to a random combination of circumstances of only a crime of minor gravity.

7. When assigning punishment for a set of crimes, depending on their categories, it is either allowed (Part 2 of Article 69 of the Criminal Code of the Russian Federation) or excluded (Part 3 of Article 69 of the Criminal Code of the Russian Federation) the application of the principle of absorption of a less severe punishment by a more severe one.

8. Exemption from criminal liability in connection with active repentance and in connection with reconciliation with the victim can only be applied to persons who have committed crimes of minor or moderate gravity for the first time (Articles 75, 76 of the Criminal Code of the Russian Federation).

9. The statute of limitations for criminal prosecution (Article 78 of the Criminal Code of the Russian Federation) and the statute of limitations for a court conviction (Article 83 of the Criminal Code of the Russian Federation) are determined by the category of the crime committed.

10. Part of the sentence, upon completion of which parole from serving the sentence is possible (Part 3 of Article 79, Article 93 of the Criminal Code of the Russian Federation) or replacement of the unserved part of the punishment with a milder type of punishment (Part 2 of Article 80 of the Criminal Code of the Russian Federation), depends on the category of crime for which the convicted person is serving a sentence.

11. Exemption from punishment due to a change in the situation (Article 801 of the Criminal Code of the Russian Federation) is possible only when committing crimes of minor or moderate gravity for the first time.

12. Deferment of serving sentences for pregnant women and women with young children does not apply to those sentenced to imprisonment for a term of more than five years for grave and especially grave crimes against the person (Article 82 of the Criminal Code of the Russian Federation).

13. The expiration period for a criminal record of persons sentenced to imprisonment is determined by the category of the crime committed (clauses “c”, “d” and “e” of Part 3 of Article 86 of the Criminal Code of the Russian Federation).

14. Exemption of minors from criminal liability (Article 90 of the Criminal Code of the Russian Federation) or from punishment (Article 92 of the Criminal Code of the Russian Federation) can only be applied when committing a crime of minor or moderate gravity.

Thus, the classification of crimes is a continuous division of crimes and the result of such division into interrelated and mutually exclusive groups on a certain basis that meets the goals of the classification, is comprehensive and reflects the patterns of development of the institution of crime.

Answers to the test: Criminal liability

Final testing on the topic of criminal liability. The test covers questions closely related to the sections crime, punishment, intent, person. The building is designed to identify students’ acquired knowledge in the academic discipline of jurisprudence. There are a total of 18 questions in the test that require a correct answer. Our company’s specialists have already noted the correct answers, so you shouldn’t have any problems preparing for the upcoming test. If you still have any questions, you can write to us in the chat or call the hotline. Consultation is free of charge.

Test question: Indicate which of the following categories contains crimes committed due to negligence:

Choose the correct answer:

[incorrect] especially serious crimes

[correct] moderate severity

[wrong] serious crimes

Test question: The basis for criminal liability is:

Choose the correct answer:

[wrong] guilt in committing a crime

[incorrect] committing a socially dangerous and illegal act

[correct] committing an act containing all the elements of a crime provided for in the criminal law

[incorrect] public danger and illegality of the act

Test question: Who can find a person guilty of committing a crime and subject him to criminal punishment?

Choose the correct answer:

[wrong] prosecutor

[correct] court

[wrong] investigator

[incorrect] body of inquiry

[incorrect] all of the above persons

Test question: The corpus delicti consists of:

Choose the correct answer:

[incorrect] object of crime and subjective side of crime

[incorrect] objective side and subject of the crime

[incorrect] object of crime and subject of crime

[correct] objective and subjective signs

Test question: What criterion is the basis for the classification of compositions into basic, qualified and privileged:

Choose the correct answer:

[correct] degree of public danger

[incorrect] structure and method of describing the characteristics of composition in the law

[incorrect] nature of public danger

[incorrect] design features of the objective side of the crime

Test question: The corpus delicti, which has additional quantitative characteristics, but together with the main ones they represent a single corpus delicti, is called:

Choose the correct answer:

[wrong] simple

[incorrect] alternative

[correct] complex

[incorrect] formal

Test question: The object of the crime is:

Choose the correct answer:

[incorrect] thing about which a crime was committed

[correct] social relations protected by criminal law and subject to infringement

[incorrect] social relations protected by criminal law

Test question: What is the relationship between the concepts “subject” and “object” of a crime?

Choose the correct answer:

[wrong] they are equal

[incorrect] subject includes object

[correct] object includes subject

[wrong] they have nothing to do with each other

Test question: What is the immediate object:

Choose the correct answer:

[correct] social relations that are encroached upon by a specific crime

[incorrect] group of identical social relations

[wrong] damage caused as a result of committing similar crimes

Test question: Objective side of the crime:

Choose the correct answer:

[correct] external manifestation of a criminal attack

[incorrect] the totality of social relations

[incorrect] a person’s internal attitude towards a criminal attack

Test question: The objective side of the crime consists of:

Choose the correct answer:

[wrong] causation, consequences, guilt, method of committing a crime, act

[incorrect] act, consequences, circumstances of the crime, motive, place

[correct] act, causation, consequences, time and place of the crime

[wrong] consequences, causation, purpose, method of committing a crime

Test question: Criminal liability for inaction occurs:

Choose the correct answer:

[incorrect] when the person had a duty to act

[correct] when consequences occurred as a result of a person’s inaction

[wrong] in the case where liability for this inaction is provided for in the Criminal Code

[wrong] only in the case of a combination of all the above characteristics

Test question: The method of committing a crime means:

Choose the correct answer:

[true] any techniques and methods that the perpetrator uses to commit a crime

[incorrect] use only specially adapted means and tools

[incorrect] use only means and instruments prohibited by law

[incorrect] commission of crimes by a group of persons

Test question: Types of crime subject:

Choose the correct answer:

[incorrect] primary and secondary

[correct] general and special

[incorrect] simple and complex

[incorrect] simple and single

Test question: The sign of insanity consists of the following criteria:

Choose the correct answer:

[correct] medical and legal

[wrong] demographic and physiological

[wrong] sociological and psychological

Test question: At what age, as a general rule, can a person be held criminally liable:

Choose the correct answer:

[incorrect] 14 years old

[correct] 16 years old

[incorrect] 18 years old

Test question: Signs of the subjective side of a crime:

Choose the correct answer:

[wrong] act, sanity, causation

[incorrect] consequences, action, purpose

[correct] motive, guilt, purpose

[incorrect] emotions, age, subject

Test question: With direct intent, a person:

Choose the correct answer:

[correct] realizes, anticipates and desires the consequences

[incorrect] foresees and consciously allows the consequences to occur

[incorrect] foresees and is indifferent to their onset

Chapter II. Crime classification criteria

Categorization or classification of crimes is dividing them into groups according to certain criteria. The classification of crimes can be based on the nature and degree of social danger of the act or a separate element of the crime.

The degree of social danger is the quantitative side of the social harmfulness of crimes of the same nature. It is determined by the amount of damage, the specificity of the method of committing the crime, the form of guilt, the content of the motive and purpose of the crime, etc. The combination of these two aspects of public danger into a single criminal and legal criterion allows us to classify and typify in a certain way all crimes provided for in the Special Part of the Criminal Code of the Russian Federation.

The nature and degree of public danger of the act not only underlie the categorization of crimes carried out by the legislator, but must also be taken into account by the court when assigning punishment. However, in practice, determining the category of a crime is not always easy due to the lack of uniform classification criteria. For example, crimes against life and health are traditionally divided into three groups:

1) against life;

2) against health;

3) endangering life or health.

Many lawyers consider the form of guilt with which the crime was committed to be the general basis for categorizing crimes. The type of punishment provided for this crime and the maximum amount of the most severe punishment provided for this crime. Based on these criteria, the law enforcement officer can determine the nature and degree of public danger that the legislator establishes for a given crime.

In the science of criminal law, there is no unity in determining the criteria for classifying attacks against property. Sometimes the motive, purpose and method of a crime are chosen as such a criterion. Other authors believe it is advisable to classify the acts in question “taking into account the object and characteristics inherent in individual crimes.” The second position is preferable, since the goals, motives and methods of crimes are predetermined by the properties of the target of the attack.

Depending on the object, crimes against property can be divided into three groups:

1) theft (Articles 158 - 162, 164), encroaching on the entire set of property relations in the production, consumer or distribution spheres;

Thus, B. was found guilty of committing a crime under paragraph “c” of Part 2 of Art. 158 of the Criminal Code of the Russian Federation, impose a fine in the amount of 10,000 (ten thousand) rubles. B.’s intent was aimed at taking possession of someone else’s property, namely the personal belongings of the victim.

2) crimes that are not theft, aimed at extracting property benefits (Articles 163, 165) and encroaching on property in the distribution sphere, but not directly undermining the spheres of production or consumption;

3) crimes devoid of such an orientation, encroaching on property in the production or consumer sphere, but not directly affecting the area of ​​​​distribution of material goods (Articles 166 - 168).

Criminal attacks of each of these three groups are characterized by the peculiarities of the methods of committing the act, the harmful consequences, motives, goals and other properties of the act.

Since, apart from the intentionality or negligence of the act, the only distinguishing feature of each category is the punishment provided for by the Criminal Code of the Russian Federation, the question quite naturally arises as to whether it can be considered identical to the division specified by the legislator: by the nature and degree of public danger of the crime.

The answer is more than obvious in at least three respects:

- the nature and degree of social danger of a crime is something that is only cognized by the legislator, but does not depend in any way on his will and consciousness, while the punishment for the crime provided for by the Criminal Code of the Russian Federation is determined not only by objective, but also by subjective factors, in particular goals, which the legislator seeks to achieve by applying punishment;

- the social danger of the crime committed does not in any way depend on the severity of the punishment provided for by the Code; the latter, on the contrary, cannot more or less accurately ignore the former;

- no matter how great the social danger of the crime committed, it is not and cannot be the only criterion for the punishment provided for by law.

It must be concluded that the social danger of a crime and the punishment provided for it by law can be considered as two independent grounds for classification: the first allows us to distinguish types (or categories) of crime of different severity; second, criminal legal sanctions of varying severity, depending not only on the social danger of the crime committed.

If we proceed from the fact that the assignment of a specific crime to a particular category depends on its qualifications, then we can argue: when assigning punishment for a set of crimes and sentences, the determination of the category of crime should be made taking into account the maximum punishment that is provided for each crime committed, and not for the totality.

If the legislator’s position is not flawless in terms of the grounds for the types of crimes enshrined in the Criminal Code of the Russian Federation, then what about his conclusion on the need to distinguish exactly four, and not more or fewer categories of crimes.

If the basis for the gradation of crimes into categories is to see a sign of social danger, then the solution to the problem is to find an appropriate mechanism for measuring it, which allows us to record the transition of quantitative changes in danger to qualitative ones.

The classification of crimes is closely and inextricably linked with the qualification of crimes. The implementation of the principle of legality, the restoration of social justice, the completeness and strength of the influence of law enforcement agencies on citizens in the spirit of instilling in them respect for the law, the law directly depends on the correct qualifications.

Qualifying a crime is the process of finding signs of a specific crime in an act committed by a person. During qualification, the following are taken into account: the object of the crime, the objective side, the subjective side and the subject. If the role and location of at least one of the elements of the crime is not clarified, the qualification process cannot be considered complete and, therefore, correct. Taking into account the fact that during the qualification of practical significance there are signs of crimes set out in articles not only of the Special, but also of the General Part of the Criminal Code, it is necessary, if there are grounds, to turn to them.

The main substantive content and concept of qualification is that it is the official recognition of the existence of a legal fact that gives rise to regulatory criminal legal relations and the consequence of which is the criminal liability of the person who committed the crime. Qualification reveals the criminal-legal, cognitive aspect of this act, and classification determines the nature and degree of social danger of the act. Indicating the relevant article or paragraph, part of the article of the Special Part of the Criminal Code, providing for criminal liability for this type of crime.

Crimes: classification criteria

In Part 1 of Article 14 of the Criminal Code of the Russian Federation We have already completed our thesis

Art. 313 of the Criminal Code of the Russian Federation contains a more detailed definition of a crime, which recognizes a socially dangerous act committed as guilty, prohibited by the code under threat of punishment.

Human behavior that violates criminal law prohibitions, causing serious, often irreparable harm to social benefits protected by criminal law, is usually called criminal. Such behavior is antisocial; it expresses the antagonism of the guilty person in relation to existing foundations.

Crime leads to negative changes in social reality. As a phenomenon, it threatens to worsen the legal situation in society. The correct classification of criminal offenses is necessary for a clear response by law enforcement agencies to crimes committed, and therefore for their prevention.

Finished works on a similar topic

Course work Definition and classification of crimes 440 ₽ Abstract Definition and classification of crimes 260 ₽ Test work Definition and classification of crimes 200 ₽

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The classification accepted in criminal law involves dividing crimes into homogeneous groups according to various criteria. For example, according to the forms of guilt, intentional and careless acts are distinguished. Based on the motive that prompted a person to commit illegal actions, crimes can be selfish or non-selfish. And according to the method of committing them, they are divided into violent and non-violent. Of great practical importance is the definition of such types of crimes as continuing and continuing.

An ongoing crime is considered completed from the moment the guilty person was detained or turned himself in to law enforcement agencies. Such acts may include, for example, escaping from prison or illegal possession of drugs.

A continuing crime is committed by several acts united by a single intent. Thus, a store cashier appropriates certain amounts of money, carrying out his plans in several steps. All illegal actions of the cashier are classified as one crime, which is important when determining criminal punishment.

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Figure 1. Crime classification criteria. Author24 - online exchange of student work

Chapter III. Contents of the classification of crimes in criminal law

The classification of crimes means dividing them into groups in accordance with an established criterion, a single essential feature for all crimes.

In Art. 15 of the Criminal Code of the Russian Federation legally enshrines the classification of crimes by category. Part 1 of this article reads: “Depending on the nature and degree of public danger, the acts provided for by the Criminal Code of the Russian Federation are divided into crimes of minor gravity, crimes of medium gravity, serious crimes and especially serious crimes.”

In accordance with this legislative definition, the criterion is the nature and degree of public danger. However, due to the fact that public danger is a social characteristic of a crime, at the level of specific articles of the law it receives its legal recognition through legally significant features. These in this case are the type and amount of punishment provided for by the sanction of the corresponding article of the Special Part of the Criminal Code of the Russian Federation, as well as the form of guilt.

Based on these provisions in Art. 15 of the Criminal Code of the Russian Federation provides an exhaustive definition of the specific content of these signs that correspond to crimes of one or another category:

— crimes of minor gravity are considered intentional and careless acts, for the commission of which the maximum punishment provided for by the code does not exceed two years of imprisonment.

— crimes of average gravity are considered intentional and careless acts, for the commission of which the maximum punishment provided for by the code does not exceed five years of imprisonment.

— serious crimes are intentional acts, for the commission of which the maximum punishment provided for by this Code does not exceed ten years of imprisonment.

— especially serious crimes are intentional acts, for the commission of which this Code provides for punishment in the form of imprisonment for a term of over ten years or a more severe punishment.

Article 15 of the Criminal Code of the Russian Federation introduces for the first time a clear categorization of the crimes provided for in the Criminal Code, that is, dividing them into four types depending on the criterion established by law - the nature and degree of public danger of the acts.

The nature of public danger reflects the qualitative uniqueness of the crime. It is determined, first of all, by the value of the object of encroachment, its specific specificity, as well as the essence of the socially dangerous consequences caused by it. For example, in terms of the nature of social danger, all criminal acts that encroach on the same generic object, for example, freedom, honor, and dignity of the individual, are of the same type; on the foundations of the constitutional order and state security.

The degree of social danger is the quantitative side of the social harmfulness of crimes of the same nature. It is determined by the amount of damage, the specificity of the method of committing the crime, the form of guilt, the content of the motive and purpose of the crime, etc. The combination of these two aspects of public danger into a single criminal and legal criterion allows us to classify and typify in a certain way all crimes provided for in the Special Part of the Criminal Code. The nature and degree of public danger of the act not only underlie the categorization of crimes carried out by the legislator, but must also be taken into account by the court when assigning punishment.

The criterion for categorizing crimes received legislative embodiment using two signs - the form of guilt and the punishment provided for their commission in the articles of the Special Part of the Code. The law includes both intentional and careless acts as crimes of the first three categories (minor, moderate and serious).

The maximum penalty for minor crimes is imprisonment for a term not exceeding two years, such as leaving in danger; murder committed in excess of the limits of necessary defense; hooliganism.

Crimes of medium gravity are also intentional or careless acts, the maximum penalty for which does not exceed five years in prison. These include: most thefts without aggravating circumstances; causing death by negligence; abuse of official powers and excess of official powers without aggravating circumstances (Articles 285, 286).

Serious crimes include acts with both forms of guilt, for which the maximum punishment provided for by the Criminal Code does not exceed ten years in prison.

However, in fact, such violations are only violations of traffic safety rules and operation of vehicles that resulted in the death of several persons, as well as violations of safety rules at certain facilities, other public safety rules, which through negligence resulted in the death of a person or other serious consequences (Part 2 of Art. 215, 217, 219). The remaining crimes in this category are intentional acts (including crimes committed with two forms of guilt).

Serious crimes, for example, are kidnapping, rape; theft and extortion under aggravating circumstances (Articles 158-161); robbery without aggravating circumstances (Article 162); theft of items of special value; terrorism, hostage taking without aggravating circumstances.

Particularly serious crimes are intentional acts, the commission of which is punishable by imprisonment for a term of over ten years or a more severe punishment. A more severe punishment under the Criminal Code is life imprisonment or the death penalty. This category, in particular, includes murder under aggravating circumstances (Part 2 of Article 105); encroachment on the life of a person carrying out justice or preliminary investigation; encroachment on the life of a law enforcement officer (Article 317); terrorism and aggravated hostage taking; most crimes against the foundations of the constitutional order and state security.

K. was found guilty of committing a crime under Part 1 of Art. 105 of the Criminal Code of the Russian Federation and impose punishment using Art. 64 of the Criminal Code of the Russian Federation in the form of imprisonment for a period of 5 years, without restriction of freedom, with the sentence being served in a general regime correctional colony. K.’s intent was aimed at depriving the victim of his life, as evidenced by the actions of the convict, the weapon used, and the direction of the blow to a vital organ—the victim’s chest.

The assignment of a crime to the appropriate category has legal consequences clearly established in the Criminal Code. Thus, recidivism of crimes is considered dangerous or especially dangerous depending on how many times previously the person was convicted of an intentional crime of moderate gravity, a serious or especially serious crime (Article 18).

This classification of crimes into categories depending on the nature and degree of public danger is, first of all, practical in nature.

In addition to the one discussed, there are other classifications in the science of domestic criminal law. Thus, the criterion in one of them is the typical object of a criminal attack. According to this criterion, all crimes can be divided into six main groups, which correspond to the sections of the Special Part of the Criminal Code of the Russian Federation: crimes against the person; economic crimes; crimes against public safety and public order; crimes against state power; crimes against military service; crimes against the peace and security of mankind.

Based on the characteristics inherent in the generic object, all crimes provided for by the Criminal Code of the Russian Federation can be divided into nineteen groups that correspond to the chapters of the special part of the Criminal Code of the Russian Federation.

If we use the form of guilt as a criterion, then the weight of the crime falls into two main groups: intentional crimes committed with direct or indirect intent and reckless crimes committed through frivolity or negligence.

There are other classifications, for example: completed and unfinished crime; crimes entailing punishment in the form of imprisonment, and others not related to imprisonment, etc.

Categorization of crimes and its meaning

Unlike previous criminal laws, the current Criminal Code (Article 15) for the first time consistently identifies the following four categories of crimes: minor gravity; moderate severity; heavy; especially severe.

This category of crimes includes, for example, theft without aggravating circumstances (Part 1 of Article 158 of the Criminal Code), causing death by negligence (Part 1 of Article 109 of the Criminal Code).
This also includes acts for which imprisonment is not provided as a punishment. Among these are, for example, vandalism (Part 1 of Article 214 of the Criminal Code), failure to provide assistance to a patient (Part 1 of Article 124 of the Criminal Code). Examples of such crimes are: qualified theft (Part 2 of Article 158 of the Criminal Code), involvement of a minor in the commission of a crime (Part 1 of Article 150 of the Criminal Code). Careless acts related to this category of crimes, for example, violation of fire safety requirements (parts 2, 3 of Article 219 of the Criminal Code), causing harm to human health or death when violating traffic rules (parts 2-6 of Article 264 of the Criminal Code) ).

Serious crimes include rape without aggravating circumstances (Part 1 of Article 131 of the Criminal Code), robbery without aggravating circumstances (Part 1 of Article 162 of the Criminal Code).

Particularly serious are, for example, a terrorist act (Article 205 of the Criminal Code), espionage (Article 276 of the Criminal Code), an attempt on the life of a law enforcement officer (Article 317 of the Criminal Code), etc.

The legislator names imprisonment for a certain period as the main type of punishment used to determine the degree of social danger of crimes. This is explained by the fact that this type of punishment is not only one of the most severe, but also the most common in the sanctions of articles of the Special Part of the Criminal Code.

The above classification reflects modern ideas of the science of criminal law on the issue of categorization of crimes, because This classification is based on such a criterion as the nature and degree of social danger of the acts. This criterion:

v is expressed in the sanctions of the criminal law norms of the Special Part of the Criminal Code; the amount of punishment in a concise form reflects the degree of social danger of the crime and allows you to compare the degree of public danger of various crimes;

v is characterized by such an indicator as the form of guilt, and depending on it, both intentional and careless acts are recognized as crimes of minor and medium gravity, and only intentional acts are recognized as serious and especially serious crimes.

The categorization of crimes is taken into account when:

v determining the regime for serving a sentence of imprisonment (Article 58 of the Criminal Code);

v determining the amount of punishment when imposing punishment for a set of crimes (Article 69 of the Criminal Code);

v exemption from criminal liability due to active repentance (Article 75 of the Criminal Code); in connection with reconciliation with the victim (Article 76 of the Criminal Code); due to the expiration of the statute of limitations (Article 78 of the Criminal Code);

v conditional early release from serving a sentence (Article 79 of the Criminal Code);

v replacing the unserved part of the sentence with a more lenient type of punishment (Article 80 of the Criminal Code);

v release from punishment due to a change in the situation (Article 80.1 of the Criminal Code);

v deferment of serving sentences for pregnant women and women with young children (Article 82 of the Criminal Code);

v release from serving a sentence due to the expiration of the statute of limitations for a court conviction (Article 83 of the Criminal Code);

v expungement and expungement of a criminal record (Article 86 of the Criminal Code), etc.

3. The concept and meaning of the crime. Classification of crimes

The category “corpus delicti,” used in practice, did not find a place in criminal law for a long period of time. The Criminal Code defines the meaning of the crime, although its clear definition is not given.

This position has extremely important theoretical significance. The absence of corpus delicti in a person’s actions precludes bringing him to criminal liability.

The concept of corpus delicti is absent in criminal law, but is quite fully developed in the doctrine of criminal law. In this regard, it is necessary to name the works of such researchers as Ya.M. Brainin, L.D. Gaukhman, A.A. Gertzenzon, I.Ya. Gontar, A.N. Ignatov, M.P. Karpushin, L.L. Kruglikov, V.N. Kudryavtsev, B.A. Kurinov, V.I. Kurlyandsky, A.N. Trainin and some others.

This definition uses two concepts that characterize the same social phenomenon - a criminal act.

Crime and corpus delicti are very close, but not identical concepts. The first is always a phenomenon of reality; the second is the legal concept of this phenomenon. A.A. Gertzenzon writes: “...The first clarifies the essential features that characterize any crime, and thereby determines the grounds for criminal liability. The second clarifies the necessary conditions for criminal liability, specifies the social danger and illegality of the act”[12].

All acts contained in the criminal law are crimes, and they all have the characteristics inherent in a crime. The task of the crime is to distinguish these socially dangerous acts from each other, thanks to a set of specific signs of an objective and subjective nature that it (the composition) possesses.

The term “corpus delicti” was borrowed by scientists from Roman law, where it was called “corpus delicti”, which literally means the structure, structure of a crime.

Outstanding domestic scientist in the field of criminal law N.S. Tagantsev, at the beginning of the 20th century, interpreted the corpus delicti as a set of characteristic features of a criminal act, and the establishment of these features is the basis of criminal liability[13].

M.P. Karpushin and V.I. Kurlyandsky note that the composition is “a set of features that characterize, and do not form, a crime. The concept of a crime includes the socio-political characteristics of an attack, the essence of its danger (material basis) and its legislative assessment as a crime (formal, legal basis). In the general definition of the composition, the characteristics of all the necessary elements of a socially dangerous attack must be expressed in legal language - the object, the subject, etc.”[14].

The concepts of “composition element” and “composition characteristic” are not equivalent and cannot replace each other.

The compositions always have the same elements, but their characteristics are individual.

The elements of the crime that characterize the external (objective) manifestation of the crime include the object and the objective side of the crime.
Modern criminal legislation includes among the objects of protection:

v personality, its rights and freedoms;

v relations developing in the economic sphere;

v public safety and public order;

v state power;

v relations developing regarding military service;

v peace and security of mankind.

The objective side includes such features as: a criminal act and harmful consequences, the presence of a causal relationship between them, time, place, method, setting, instruments and means of committing a crime.
The elements of the crime that characterize the internal (subjective) manifestation of the crime include the subject and the subjective side of the crime.

The features given in the above definition are characteristic of the so-called general subject of the crime.

The subjective side is expressed in such features as guilt (in the form of intent or negligence), motive, goal and emotional state.

In the general doctrine of the elements of a crime, all signs of specific elements are usually divided into basic and additional. The main features are features that are characteristic of all specific crimes without exception (action, guilt, sanity and reaching the age specified in the law). The absence of any of these signs means the absence of a crime. Additional (optional) characteristics are used by the legislator when describing either an individual crime or a group of similar crimes (hooligan motives, selfish purpose).

In most cases, one article defines one crime. However, in a number of cases, two or more offenses are enshrined in one article of the law. The most indicative in this sense are the articles providing for liability for commercial bribery and mass riots (Articles 204, 212 of the Criminal Code).

In the articles of the Special Part of the Criminal Code, the legislator formulated the elements of completed crimes. However, the category “corpus delicti” also applies to an unfinished crime; the preparation or attempt must contain elements of a specific crime. The corpus delicti is also the basis for bringing to criminal liability a person who committed a crime in complicity, as an organizer, instigator or accomplice.

In the science of criminal law, there is a point of view that allows us to talk about the general and specific elements of a crime. The concept of a general crime came from German criminologists. As A.A. writes Piontkovsky, “the general corpus delicti is nothing more than a general concept of the corpus delicti, created by abstracting from the specific content of individual crimes and highlighting what is common that underlies each specific corpus delicti”[15]. That is, the general corpus delicti is a corpus delicti that includes features inherent in all elements of the crime without exception, in the so-called generalized form. Opponents of the term “general corpus delicti” call it “a faceless concept, devoid of not only practical meaning, but also logical meaning”[16]. A.N. Trainin writes that “the composition is one and cannot be divided into two compositions - general and special. The corpus delicti is always real, always concrete”[17]. A specific corpus delicti is usually understood as a composition that includes a set of mandatory and optional features included in the design of a particular norm of the Special Part of the Criminal Code that describes a specific crime.

The corpus delicti has social and legal significance as:

v the basis for distinguishing crimes (due to a specific set of objective and subjective characteristics that form the elements of a crime, it is possible to distinguish theft from robbery, murder from causing grievous bodily harm, etc.);

v condition for the correct classification of crimes;

v the legal basis of criminal liability (the presence of a crime in a specific socially dangerous act is a necessary and sufficient basis for bringing the person who committed it to criminal liability);

v the basis for the court to determine the type and amount of punishment or other measures of a criminal legal nature - compulsory measures of educational influence or medical nature (differentiation of crimes into simple, qualified, especially qualified and privileged obliges the legislator to take into account the amount of repression in the sanctions of articles of the Special Part of the Criminal Code, and court - in a guilty verdict);

v guarantee of the rights and freedoms of man and citizen (this means that bringing someone to criminal liability is possible only if a specific corpus delicti is established in his actions, otherwise this will be a gross violation of the principle of legality regulated by Article 3 of the Criminal Code).

It is customary to classify elements of crimes in legal literature and practice using various criteria. There are three of them: the degree of public danger, the design, and the method of description.

The first classification of offenses depends on the degree of their social danger and includes: basic (simple) offenses, offenses with aggravating circumstances (qualified), offenses with mitigating circumstances (privileged).

The second classification is related to the construction of crimes depending on the moment of completion of the crime. Among them we can distinguish material, formal and truncated compositions.

Crimes with material elements include, for example, murder (Article 105 of the Criminal Code), causing serious, moderate or minor harm to health (Articles 111, 112, 115 of the Criminal Code), theft (Article 158 of the Criminal Code), etc. .

Crimes with a formal composition can be considered acts provided for, for example, Art. 126, 131, 163, 290 of the Criminal Code, etc.

Within the framework of this classification, some authors identify truncated offenses in which the crime is considered completed from the moment a real possibility of the occurrence of socially dangerous consequences is created (Article 209 of the Criminal Code). However, this type of composition fits well into the proposed definition of formal composition.

The third classification - according to the method of describing the elements of crimes - in the theory of criminal law was developed in detail by the prominent domestic scientist A.N. Trainin. He divided all crimes into simple and complex.

The above division of compositions into simple and complex has no practical significance, although it is important for understanding the problem of their classification.

Chapter V

OBJECTIVE SIGNS OF A CRIME: OBJECT, OBJECTIVE SIDE

Questions:

1. The concept and meaning of the object of the crime. Classification of crime objects.

2. The subject of the crime and the victim of the crime.

3. The concept and signs of the objective side of the crime.

4. Mandatory signs of the objective side of the crime.

5. Optional signs of the objective side of the crime.

Recommended reading:

1. Veliev I.V.O. On the objective side of crime: monograph. - M.: Moscow University of the Ministry of Internal Affairs of Russia: YURKOMPANI, 2009. - 272 p.

2. Vinokurov V.N. Object of crime: systematization and qualification: monograph. - Krasnoyarsk: SibYuI Ministry of Internal Affairs of Russia, 2011. - 260 p.

3. Kosheleva A. Yu. Features of the causal relationship in crimes committed by inaction. - M.: Veche, 2009. - 208 p.

4. Kurbanov A. Sh., Truntsevsky Yu. V., Shulepov N. A. The situation of committing a crime: monograph. - M.: Moscow. humanist univ., 2012. - 174 p.

5. Maltsev V.V. The doctrine of the object of crime: monograph: in 2 volumes. T. 1: Object of crime: conceptual problems. - Volgograd: VA Ministry of Internal Affairs of Russia, 2010. - 264 p.

6. Soktoev Z. B. Causality and the objective side of crime: monograph. - M.: NORMA, INFRA-M, 2015. - 256 p.

7. Criminal law of Russia. Special part: electronic textbook / Voronezh. Institute of the Ministry of Internal Affairs of Russia. — Voronezh: VI Ministry of Internal Affairs of Russia, 2015.

8. Yakubovich O. R. Method of committing a crime and its criminal legal significance: monograph / ed. A. S. Mikhlina. - M.: All-Russian Scientific Research Institute of the Ministry of Internal Affairs of Russia, 2005. - 190 p.

1. The concept and meaning of the object of the crime. Classification of crime objects

In the science of criminal law, among the elements of a crime, the object of the criminal offense is placed in first place. Its content is of decisive importance both for the design of the composition as a whole and for determining the social danger of the act. A crime, its nature, and social danger are determined initially through an assessment of the object it encroaches on.

In legal literature, the object of a crime is traditionally understood as the most important social relations between people regarding objects of interest to them, phenomena of the material and spiritual world, which are protected by criminal law.

This has been noted more than once by researchers of this element of the crime, such as V.K. Glistin, P.S. Dagel, N.I. Zagorodnikov, P.V. Zamoskovtsev, E.K. Kairzhanov, M.I. Kovalev, N.I. Korzhansky, A.V. Naumov, B.S. Nikiforov, G.P. Novoselov, A.A. Piontkovsky, I.P. Semchenkov, N.S. Tagantsev, V.Ya. Tatius and some others.

As is known, the elements of social relations are:

v participants (subjects), which include individuals and legal entities, state and non-state structures;

v an object about which relationships exist (physical bodies, things, social and spiritual values, goods);

v the content of social relations, i.e. socially significant behavior, which includes all types of social behavior, including both active human activity and socially prohibited inaction.

Traditionally, in the theory of criminal law, the object of a crime was understood as social relations protected by the norms of criminal law from criminal encroachment on them. This interpretation of the object is quite fair, for example, in cases where the object is recognized as a crime of property relations in theft, robbery and other forms of theft. In this case, the object of the crime is not the property itself (it may not be harmed in such attacks), but rather the relations arising from the right of ownership, i.e. rights of ownership, use and disposal.

However, the theory of the object of crime as social relations is not universal. For example, when committing a murder, the attack is primarily aimed at a person as an independent and absolute value. Therefore, it is necessary to recognize the fact that both theories currently have every right to exist.

To the main objects of the crime, in accordance with Part 1 of Art. 2 of the Criminal Code, include: human and civil rights and freedoms, property, public order and public safety, environment, constitutional system of the Russian Federation, peace and security of mankind.

The Criminal Code has seriously modified the hierarchy of social relations that are under criminal legal protection in the Russian Federation. It is based on the principle of the priority of universal human values, and proclaims a focus on maximizing personal security, comprehensive protection of life, health, honor, dignity, rights and freedoms of citizens, and their inviolability. In accordance with this democratic principle, objects protected by criminal law are strictly arranged in the following sequence: the interests of the individual, society and the state.

The range of social relations protected by criminal law does not remain unchanged. Thus, in comparison with the Criminal Code of the RSFSR of 1960, new types of criminal acts appeared in the Criminal Code (for example, chapters 23 and 28 of the Criminal Code).

Encroachment on these objects of criminal legal protection affects the most important elements of social relations, causing antisocial changes in them.

The following main types of influence on social relations can be distinguished:

Therefore, it is possible to disrupt and change social relations either indirectly (by influencing material objects, things, people), or directly, directly (by breaking the social connection).

For example, theft by embezzlement or embezzlement by a person using his official position and abuse committed by an official out of selfish interest (Part 3 of Article 160 of the Criminal Code and Part 1 of Article 285 of the Criminal Code), murder in connection with the performance of official activities by the victim and assault for the life of a law enforcement officer (clause “b”, part 2 of article 105 and article 317 of the Criminal Code) differ from each other in terms of the object of the criminal attack.

According to the level in the theory of criminal law, the objects of crimes are divided into general, generic (special), specific and direct. This classification of objects of encroachment is based on well-known (which have become axiomatic) philosophical categories: general, special and separate (individual).

This type of crime objects forms the basis for dividing the Special Part of the Criminal Code into sections. There are six of them in total (from VII to XII, taking into account the single numbering of the Criminal Code): “Crimes against the person”, “Crimes in the economic sphere”, “Crimes against public safety and public order”, “Crimes against state power”, “Crimes against military service” ", "Crimes against the peace and security of mankind."

For example, the generic object of crimes, the norms of which are placed in section VII “Crimes against the person,” is the person, and the specific objects are the life and health of the person (Chapter 16), freedom, honor and dignity of the person (Chapter 17), sexual integrity and sexual personal freedom (Chapter 18), constitutional rights and freedoms of man and citizen (Chapter 19), family and minors (Chapter 20).

For example, the right of ownership when committing theft (Article 158 of the Criminal Code), the life of a person when committing murder (Article 105 of the Criminal Code), the physical freedom of a person during his abduction (Article 126 of the Criminal Code).

Most crimes differ from each other in terms of the direct object, however, in some cases the direct object may be the same in different crimes. For example, theft, fraud and robbery have a common direct object - property relations (Articles 158, 159 and 161 of the Criminal Code).

As a rule, each crime has one direct object. However, there are crimes that encroach simultaneously on several immediate objects (so-called multi-object crimes). For example, taking a hostage with the use of violence dangerous to life or health (clause “c” of Part 2 of Article 206 of the Criminal Code). The commission of this criminal offense is aimed not only at public safety, but also at the life or health of the individual.

The classification of the direct objects of a crime is essential not only for theory, but also for practice, in particular, for the qualification of an act. The significance of this, first of all, lies in the fact that the qualification of the act is carried out only according to the main direct object. Therefore, it is important to highlight the main one from all the objects that are harmed by a crime.