The concept of qualification of crimes. The importance of the elements of a crime for its correct qualification and imposition of a fair punishment

The classification of crimes is of great importance in the criminal process.
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Content

Qualification principles come from the Latin concept qualificatio - the Romans used this term to define the quality of phenomena and objects. The methodological foundations stipulate that this concept implies the evaluation of something, the determination of qualitative characteristics. In criminal proceedings, qualification is usually called the legal consolidation and establishment of correspondence between the signs of an unlawful act and the composition.

The qualification process is implemented by establishing the actual circumstances of the action taken.

It includes the following items:

• the authors say that first of all, the circumstances influencing the characteristics of the objective signs of the act are established;
• information regarding subjective characteristics is determined;
• a suitable criminal law norm is selected that reflects the composition of the act.

The process must be implemented by the person investigating the case, judges and prosecutors. The classification of crimes is implemented in criminal law at all stages of the process.

Students at law schools can also provide a qualification, but it has no official meaning. Blanket and other types of standards form qualifications. In particular, the composition of the criminal act plays the role of a model. The circumstances of the action committed by the perpetrator are compared with it. If we consider the issue from this side, then the composition will be the only basis.

The composition is understood as a list of objective and subjective characteristics that describe criminal attacks. The act has certain characteristics, which are represented by social danger, punishability, illegality and guilt.

Scientific books contain provisions according to which qualification depends on the correct use of signs, in particular guilt, represented by intent and negligence.

Murder

Murder is the intentional taking of another person's life. The methodological basis for qualifying a crime is the Criminal Code. The object of murder is considered to be human life. For this reason, special attention is paid to determining the moment when life began and the moment when it ended.

The moment of the beginning of life is the moment when the product of conception is completely removed from the woman’s body. Simply put, from the moment when the fetus is separated from the body, but the umbilical cord is still cut. The fetus should be able to hear a heartbeat, breathing, or muscle contraction or pulsation of the umbilical cord.

The moment of death is considered to be the time when the brain died.

The material elements of the crime as the legal basis for qualifying the crime will be as follows:

1. The murder is considered completed if the person is dead.
2. When the perpetrator failed to cause the death of a person for reasons beyond his control, it is called attempted murder.

What types of murders are there?

1. Simple.
2. Privileged. This is murder with mitigating circumstances.
3. Qualified. A murder that has aggravating circumstances. They are as follows:

• murder of two or more persons;
• persons and people close to him who were in service or performed public duty;
• murder of a person who is in a helpless state, as well as a kidnapped person or a hostage;
• murder of a pregnant woman;
• murder committed with extreme cruelty;
• a generally dangerous method of murder;
• murder committed by a group of persons, a group of persons by prior conspiracy;
• murder for mercenary reasons, mercenary, associated with banditry and extortion;
• murder for hooligan reasons;
• for the purpose of concealing another crime; involving rape or any other acts that are of a sexual nature;
• due to national, religious or racial hatred, this can also include blood feud;
• for the use of tissues or organs of a corpse.

Principles

There is a group of principles that apply to qualifications. They are understood as fundamental ideas that fully cover the concept of qualification of crimes.

Legislation consolidates the following principles:

1. Right. This suggests that for correct qualification it is necessary to fully study all the circumstances of the committed act. In addition, the identification of factual circumstances has qualifying significance. “Criminal” authors argue that it is necessary to choose the right norm that will be applied in a given situation. It doesn’t matter what is committed, slander or theft, all existing techniques and methods will be used.
2. Accuracy. The person applying the legislation must correctly determine which norm is to be applied in a particular situation. Qualification requires an indication of the standard in accordance with which the actions of the perpetrators are assessed.
3. Completeness. Foreign authors in some situations adopt the experience of Russian scientists. This category is significant in the presence of a population. This can be either a real or an ideal variety.
4. Imputation that is subjective in nature. When assessing the crime, a civil servant must establish the guilt of the person, as well as his subjective attitude to the situation.
5. Double imputation is not allowed. The qualification of any crime indicates that the same action cannot be charged to the perpetrator twice.
6. If there are doubts, they are interpreted in favor of the guilty party. Initially, a boundary is established between removable and irreducible doubts, after which the latter are interpreted in favor of the criminal.

The competence to determine all of the listed principles and their observance belongs to those persons who are involved in resolving the issue under consideration. The publication of procedural documentation is allowed after the issue regarding qualifications has been accurately resolved.

There are numerous cases when it is subject to adjustment during the court hearing.

What is significant harm?

It is interesting that there is no such thing as significant harm in the Criminal Code. This means that the degree of significance of the crime can only be determined by the court.

The legal basis for classifying crimes is the most important part of judicial proceedings. But it is also important that using evaluative concepts one can understand the relationships between phenomena or objects. They also characterize the result of comparison of an object and a standard. But the standard, when considered in relation to crimes, has a very specific meaning.

Logical Basics

The significance of the category under consideration is difficult to overestimate. It is the result of the mental activity of persons applying legislation in the field of criminal proceedings. In this case, logic is given due attention. Logical laws are objective in nature; they are formed regardless of the will and desires of people. Their focus is related to the stability, certainty, and quality of objects that exist in reality.

Logical laws, rules and other areas occupy an important place in qualifications. In this sense, the process is understood as a transition from one form of knowledge to another.

Knowledge will be divided into initial and subsequent.

The process has some features:

• is built on the basis of deductive inferences;
• presented in the form of mental activity;
• moves from the general to the specific.

Law enforcers use a form expressed in a simple syllogism. As a result, two judgments are formed. They are of a generally affirmative nature.

The meaning of the crime

Qualifying a crime is a complex process in which objective and subjective characteristics of the crime are determined. The disposition of norms influences the process under consideration.

The composition features traditional positions, including:

1. Objective side.
2. Subject.
3. Subjective side.
4. An object.

The concepts of the listed characteristics are considered in the theory of criminal law.

In any case, the crime is committed using all of the listed characteristics. Otherwise it doesn't exist. A norm can have a double meaning, therefore, through the described signs, the content of criminal wrongfulness is revealed. This is the essence of qualification.

It is worth paying attention to the fact that a simplified consideration of the qualifying value is not allowed. The process is presented as a creative act that compares real actions and ideal meaning. The advantage of qualification is that it is accompanied by various factors that combine life experience, cognition and intuition.

Smuggling

The basis for qualifying crimes in customs affairs, and specifically for criminals transporting contraband, is Article 188 of the Criminal Code of our country. The law understands smuggling as the movement of any objects or goods across the customs border of our country, which is carried out secretly from customs services or using forged documents.

What the punishment for the crime will be, as well as its qualifications, depend on the item of smuggling. There are two types of them and for each the punishment is different.

1. The first type are objects or goods that are freely sold and bought. This could be jewelry, food products, tobacco products, industrial goods, alcoholic beverages, currency, vehicles, goods for household needs.
2. For the second type, there is a list that indicates all items and goods that have been partially or completely removed from public access. These include: narcotic drugs, equipment and materials that can be used to create weapons, psychotropic substances. As well as items for which special transportation rules are established, explosives, biological weapons, toxic substances, ammunition, toxic substances, cultural property, radioactive substances, raw materials of strategic importance, firearms.

Stages

The job description provides for the need to select standards during qualification.

Including:

• an analysis is carried out regarding the actions taken, contradictions with the elements of crimes are identified;
• the task indicates the legality of actions when the signs are established precisely, and not in an approximate form;
• control provisions provide for the establishment of all signs of encroachment, which are enshrined in the article;
• the decision on the issue of competition between norms is voluntary;
• safety also includes whether the action is completed or not.

The literature provides several types of qualifications. The Code of Administrative Offenses also assumes similar positions.

Authorities must go through certain qualification stages. Initially, you need to put forward a version of what happened. This version is of a legal nature and provides for the establishment of a norm in accordance with which the act was committed.

The first stage ends with the issuance of an act through which the case is initiated.
After this, the second stage begins. It ends after the person is brought in as an accused. There may be two, three or more such persons. The act in question can be issued only after all the circumstances of the crime have been established and evidence has been obtained. Who the culprit is does not matter; it can be a military man or any other person. The third stage begins after the appearance of the accused in the case and ends simultaneously with the drawing up of the indictment. At this time, the person conducting the investigation substantiates the conclusions regarding the guilt of the persons. During the stage under consideration, new information may appear in the materials, which in some situations leads to re-presentation of charges.

The fourth stage is formed during the trial. It ends after the verdict is rendered. This period involves analysis and comparison of facts in the case. Next, the last, fifth, stage is implemented, which is represented by cassation and supervision. The initial decision in this case may change.

Meaning of qualification

There are several meanings for the correct classification of a crime:

1. General social. It is envisaged that the qualification process has a connection with the consolidation of laws and legal order. The interests of individuals are ensured, justice is restored in the state. In addition, attention is paid to the moment of formation of the rule of law. All of the above provisions provide that the country has implemented a criminal policy.
2. Criminal law. It assumes that correctly defined qualifications guarantee compliance with the laws that are used in justice. There is an expression of nature that has legal significance. The rights of citizens are guaranteed. Provides that criminal law must be applied correctly. It is possible to realistically assess the level of fight against criminal activity in the country.

The provisions under consideration collectively characterize the qualification process. They are used to determine criminal trends that exist in a particular state.

Qualification criteria

It is the correctly selected qualification of the criminal composition that is of key importance during the proceedings. Of course, the signs by which a crime is assessed are not a constant value. This is rather a subjective instrument, because much depends on the applicable law and the legal consciousness of the lawyer. But such signs are as close as possible to the basics of qualification and investigation of crimes, which are constantly changing. And yet they are called evaluative with reference to convention.

The assessment sign is significant harm caused during the abuse of power, the interests of society or the state, as well as the interests and rights of citizens protected by law.