Single crime: concept, types, examples, articles of the Criminal Code

A single crime is not only an illegal act, but also unambiguous in its concept. Such cases are not classified as those that are committed for the first time, that is, a crime cannot be called such if a person committed it only once. Any violation of legal norms and rules is punishable by restrictions established in several or one article. The latter speaks about the nature of the crime, as a specific case that is not covered by other articles and laws. This is where the concept of a single crime is formed as a separate component and element of the entire criminal case.

Crimes: simple types

A simple single crime is regulated to the extent of the chosen punishment in relation to the articles of the Criminal Code of the Russian Federation. An act committed by a person is interpreted as one action that has a single consequence. For example, murder as the only act resulted in the death of the victim (one consequence). If during a robbery things were stolen and a person was killed, then these are two consequences of two different acts. It turns out that in one moment you can commit two different crimes that have different consequences. Moreover, if a person is suspected and accused in a formal manner, that is, presumptively, then the law provides for the consideration of all possible versions of the attacker.

A single complex crime, its difference from a plurality of crimes

Isolated crimes are socially dangerous actions that are closely interconnected internally (from the point of view of the motives and goals of the subject), and due to this typical subjective interconnectedness, they are distinguished by law into one crime.

Plurality of crimes is the commission by a person of two or more crimes established by a court verdict, regardless of previous conviction for them, in contrast to single crimes, it consists of two or more crimes.

Single crimes can have complex content, reminiscent of a multiple crime due to several acts that form them. Such single crimes include continuous, continuous and compound.

A continuing crime is a single crime, the act of which is carried out in parts, that is, a crime consisting of a number of legally identical criminal actions aimed at a common goal and constituting a single crime in their totality. The following signs of a continuing crime follow from the above definition:

a) the presence of a number of similar actions;

b) all actions are aimed at the same object;

c) they are united by a single goal and therefore represent part of a single whole.

Continuing crimes are also characterized by the fact that they are only intentional and can only be committed by an act.

A continuing crime is determined by the very construction of the norm (Articles 158, 159, 160 of the Criminal Code). A continuing crime would be, for example, receiving a bribe from two persons for performing one action in their interests, receiving or giving a bribe in several stages. In our time, scams by commercial and banking structures related to accepting deposits from citizens are a continuing crime.

With regard to theft, the Plenum of the Supreme Court of the USSR, in its resolution of July 11, 1972 “On judicial practice in cases of theft of state or public property,” indicated that repeated gratuitous seizure of state or public property, consisting of a number of identical actions that have a common the purpose of illegal seizure of state or public property, which is covered by the single intent of the perpetrator and collectively constitutes one crime. Taking into account this clarification, the courts recognize that the theft of property from one source and in the same way cannot be qualified as a continuing crime in the absence of data on a single intent to embezzle a specific amount; what if the person committing the theft did not have the intent to steal a certain amount property, and each theft was an independent episode, the person’s actions constitute a repeated and not a continuing crime.

Continuing crimes are those in which the act occurs continuously over a certain period of time. In them there is one act, but it is extended over time and has the character of a process. The form of a continuing crime can be either an act or an omission. A crime in the form of an action may consist of the production of counterfeit money, weapons, or drugs. By inaction, continuing crimes are committed in case of failure to fulfill a legal obligation, for example, when evading the payment of alimony (Article 157 of the Criminal Code), in case of failure to fulfill obligations to raise a minor (Article 156 of the Criminal Code), when storing prohibited items (Articles 222, 224 of the Criminal Code) . They can be either intentional (Article 157 of the Criminal Code) or careless (Article 284 of the Criminal Code).

Compound crimes are those that consist of two independent different actions, but due to internal unity and interconnection they form one crime. For example, rape. It consists of two heterogeneous actions: physical violence or threat and sexual intercourse. Without violence or threat, the second action is impossible. The first action is a means of suppressing the will of the victim and ensures the implementation of the second. That is why each individual action, which usually has independent legal significance (Articles 111, 112, 116, Criminal Code), is part of a single crime. The same are coercion to acts of a sexual nature (Article 133 of the Criminal Code), extortion (Article 163, paragraph 3 of the Criminal Code). All of them are isolated crimes in which two different crimes are organically combined.

Compound crimes include a crime committed by one act, but entailing two or more independent consequences, for which responsibility is provided independently. For example, intentional grievous bodily harm resulting in the death of the victim (Article 111, part four of the Criminal Code). This single crime combines two crimes: intentional grievous bodily harm (Article 111, part one of the Criminal Code) and causing death by negligence (Article 109 of the Criminal Code). There is no plurality of crimes here, since the consequences are organically connected with each other and one follows from the other, is, as it were, a continuation of the previous one. These are also the crimes provided for in Art. 2, 159 part two, 166 part two of the Criminal Code).

Thus, despite the apparent external similarity of a single complex crime and a multiple one, they have a fundamental difference: all acts committed within the framework of a single complex crime are assessed as parts of the whole due to their close internal relationship, and multiple crimes imply separate illegal actions of a certain subject , which are considered independently from one another and form each a special corpus delicti due to the absence of their direct interdependence.

Examples from judicial practice

Let's say a person has alimony debts, which he avoids. According to Article 157 of the Criminal Code of the Russian Federation, he may be punished for this. But if he conspired with the management and forced him to transfer money not to a card, but to a personal account in order to evade deductions from his salary, then several acts were committed here:

• Evasion is malicious, which is punishable by one article.
• A crime against the life and health of a child, which is punishable by another article.

At the same time, the boss, accountant or authorized person who issued the criminal’s salary to a non-card account may also come under investigation for complicity. He will also be charged with another article - an economic crime, and as a result, tax evasion. These types of isolated crimes are quite common in judicial practice. The consequence may also be an alternative act indirectly related to the present case.

Example based on articles of the Criminal Code of the Russian Federation

A single crime is characterized by one action, and how many consequences it entailed is not a matter of first importance in classifying the nature of the act. For example, an unemployed person is unable to feed himself. He decides to rob an apartment in a large elite multi-story building. Having miscalculated, the attacker gets inside and discovers the presence of the owners inside the premises. Once noticed, he kills the property owner out of fear and robs the apartment.

As a result, he commits two actions:

1. According to Article 185 Part 1 of the Criminal Code of the Russian Federation - burglary.
2. According to Article 115 Part 1 of the Criminal Code of the Russian Federation - murder, intentional, unintentional.

As a result, it turns out that a person committed two different atrocities that had different consequences. If a pensioner died from fright at the sight of a robber, then this would be an isolated crime, entailing two consequences - theft and murder by negligence. The last article can be re-qualified. Since the murder was not direct, no bodily harm was inflicted, death by negligence will be interpreted by the content of a different article. Thus, Article 109 of the Criminal Code of the Russian Federation will more clearly reflect the intentions of the criminal in this case.

Single crime and its types

A single crime is an act that contains elements of one crime and is classified under one article or part thereof.

For example, citizen N. illegally entered the apartment of neighbor S. against his will without the use of violence or the threat of violence. — Citizen N. is subject to criminal liability under Part 1 of Art. 139 of the Criminal Code of the Russian Federation.

Considering that the elements of all crimes are different, even isolated crimes can be both simple and complex .

A simple single crime is a crime that encroaches on one object, is committed by one act (action or inaction), entails one consequence (if the composition is material) and is characterized by one form of guilt.

An example of a simple single crime:

• murder, that is, intentionally causing the death of another person (Part 1 of Article 105 of the Criminal Code of the Russian Federation).
• theft, that is, the secret theft of someone else's property (Part 1 of Article 158 of the Criminal Code of the Russian Federation).

A complex single crime is a crime complicated by any element (or set of elements) of the objective or subjective side of the crime, but which, nevertheless, is qualified under one article or part of an article of the Criminal Code of the Russian Federation.

The following types of complex single crimes :

• composite;
• lasting;
• continued;
• crime with alternative actions;
• a crime with additional grave consequences (crimes with two forms of guilt), etc.

A compound crime is a crime that includes two or more actions (inactions), each of which can be an independent crime, but together form a specific single crime. Such crimes are also called dual-object crimes, since they encroach on 2 objects at once.

For example, during robbery (Part 1 of Article 162 of the Criminal Code of the Russian Federation), a person not only steals someone else’s property, but also uses violence that is dangerous to life or health, or threatens to use it. If we exclude the use of violence or the threat of its use when committing the theft of someone else's property, then this will no longer be a crime, but theft or robbery. At the same time, violence itself or the threat of its use may be independent criminal acts.

Thus, the legislator has constructed certain elements of crimes in such a way that only a combination of elements (in this case, objective signs) provides grounds for recognition of a specific criminal act, which is a single crime.

Examples of compound single crimes:

• rape, that is, sexual intercourse with the use of violence or with the threat of its use against the victim or other persons, or using the helpless state of the victim ( Part 1 of Article 131 of the Criminal Code of the Russian Federation ) (two objects - sexual freedom and health);
• robbery, that is, an attack for the purpose of stealing someone else's property, committed with the use of violence dangerous to life or health, or with the threat of such violence (Part 1 of Article 162 of the Criminal Code of the Russian Federation ) (two objects - property and health).

A continuing crime is a crime with a characteristic initial act of action (inaction), which then extends over time. For example, the corpus delicti provided for in Part 1 of Art. 337 of the Criminal Code of the Russian Federation “Unauthorized abandonment of a unit or place of service”, is characterized by the fact that the guilty person leaves the unit or place of service without permission (initial act) and then does not appear there (extent in time).

Examples of ongoing single crimes:

• evasion of conscription for military service in the absence of legal grounds for exemption from this service ( Article 328 of the Criminal Code of the Russian Federation );
• failure by adult able-bodied children to pay without good reason, in violation of a court decision or a notarized agreement, funds for the maintenance of disabled parents, if this act was committed repeatedly ( Part 2 of Article 157 of the Criminal Code of the Russian Federation ).

A continuing crime is a crime with identical criminal acts committed, covered by a single intent and a single purpose, which extend over time and are committed repeatedly. A single simple crime, for example, theft, can also become a continuing crime, if the perpetrator over a period of time steals from the library 1 volume of a rare collection of works in 10 volumes, with the intention of stealing the entire collection.

A continuing crime must be distinguished from a continuing crime , the similarity of which is manifested in the fact that they extend over a time interval. But if a continuing crime has a clearly defined initial criminal act, then in continuing crimes several similar criminal acts are committed.

Examples of ongoing single crimes:

• infliction of physical or mental suffering through systematic beatings ( Part 1 of Article 117 of the Criminal Code of the Russian Federation );
• organization or maintenance of brothels or systematic provision of premises for the consumption of narcotic drugs, psychotropic substances or their analogues ( Part 1 of Article 232 of the Criminal Code of the Russian Federation ).

A crime with alternative actions is a crime whose disposition contains several options for a possible criminal action (inaction), and in order to recognize the crime as committed, it is sufficient to commit any of them. At the same time, if the perpetrator simultaneously commits two or more actions provided for in the disposition of the article, the qualification will not change.

For example, in Part 1 of Art. 228.1. The Criminal Code of the Russian Federation establishes criminal liability for the illegal production, sale or transfer of narcotic drugs, psychotropic substances or their analogues. If a person commits at least one of the options for a criminal act listed in the article, namely, illegally produces, or sells, or transfers such a drug, then he will be subject to criminal liability under Part 1 of Art. 228.1 of the Criminal Code of the Russian Federation. The same qualification will apply if a person not only produces, but also sends prohibited substances.

Examples of crimes with alternative actions:

• illegal production, alteration or repair of firearms, their main parts (with the exception of firearms of limited destruction), as well as illegal production of ammunition for firearms (Part 1 of Article 223 of the Criminal Code of the Russian Federation ).
• high treason, that is, espionage committed by a citizen of the Russian Federation, the issuance to a foreign state, international or foreign organization or their representatives of information constituting a state secret, entrusted to a person or becoming known to him through his service, work, study or in other cases provided for by the legislation of the Russian Federation, or providing financial, logistical, consulting or other assistance to a foreign state, international or foreign organization or their representatives in activities directed against the security of the Russian Federation ( Part 1 of Article 275 of the Criminal Code of the Russian Federation ).

A crime with alternative consequences is a crime that, when an action (inaction) specified in the disposition of an article (part of an article) of the Criminal Code of the Russian Federation is committed, may entail various consequences, which does not affect the qualification of the crime.

For example, the unlawful use of insider information (Part 1 of Article 185.6 of the Criminal Code of the Russian Federation) constitutes a criminal offense if it caused major damage to citizens, organizations or the state or is associated with the extraction of income or the avoidance of losses on a large scale. Those. the consequences for qualification are equivalent - either damage to third parties or personal enrichment on a large scale.

Examples of crimes with alternative consequences:

• carrying out business activities without registration or without a license or without accreditation in the national accreditation system or accreditation in the field of technical inspection of vehicles in cases where such a license, accreditation in the national accreditation system or accreditation in the field of technical inspection of vehicles is mandatory, if this act caused a major damage to citizens, organizations or the state or is associated with the extraction of income on a large scale, except for the cases provided for in Art. 171.3 of the Criminal Code of the Russian Federation ( Part 1 of Article 171 of the Criminal Code of the Russian Federation );
• intentional infliction of serious harm to health, dangerous to human life, or resulting in loss of vision, speech, hearing or any organ or loss of organ functions, termination of pregnancy, mental disorder, drug addiction or substance abuse, or resulting in permanent disfigurement of the face, or causing a significant permanent loss of general ability to work by at least one third or, knowingly for the culprit, a complete loss of professional ability to work ( Part 1 of Article 111 of the Criminal Code of the Russian Federation ).

A crime complicated by additional grave consequences is a crime in which there are two types of consequences that have different legal meanings: in relation to the main consequences, guilt is expressed in the form of intent, in additional consequences - in the form of negligence. It is precisely such acts that are crimes with two forms of guilt.

Classic examples of such crimes: in a fight, the perpetrator hit the victim in the face with his fist, the latter, falling, hit the curb, received a traumatic brain injury and died (Part 4 of Article 111 of the Criminal Code of the Russian Federation). Or the culprit was holding a hostage, who escaped, and in order to escape, jumped from a high floor of the building and fell to his death (Part 3 of Article 206 of the Criminal Code of the Russian Federation). It is obvious that in these situations the perpetrators did not want to cause the death of the victims, therefore their guilt in relation to such a grave additional consequence is characterized by negligence.

Examples of crimes with additional grave consequences:

• capture or retention of a person as a hostage, committed for the purpose of forcing a state, organization or citizen to perform any action or refrain from performing any action as a condition for the release of the hostage, if they negligently resulted in the death of a person or other grave consequences ( Part 3 Article 206 of the Criminal Code of the Russian Federation );
• intentional destruction or damage to someone else's property, resulting through negligence in the death of a person or other grave consequences ( Part 2 of Article 167 of the Criminal Code of the Russian Federation );
• intentional infliction of serious harm to health, dangerous to human life, resulting in the death of the victim through negligence ( Part 4 of Article 111 of the Criminal Code of the Russian Federation );
• rape, resulting through negligence in the death of the victim ( clause “a”, part 4, article 131 of the Criminal Code of the Russian Federation ).

A careless crime with a “false” double guilt (crimes with administrative prejudice) is a careless crime, before the commission of which the person was subject to administrative punishment.

Examples of careless crimes with a “false” double guilt (crimes with administrative prejudice):

• driving a car, tram or other mechanical vehicle by a person in a state of intoxication, subject to administrative punishment for driving a vehicle while intoxicated or for failure to comply with the legal requirement of an authorized official to undergo a medical examination for intoxication (Part 1 of Article 264.1 of the Criminal Code of the Russian Federation );
• unauthorized extraction of amber, jade or other semi-precious stones by a person subjected to administrative punishment for a similar act provided for in Art. 7.5. Code of Administrative Offenses of the Russian Federation ( Part 2 of Article 255 of the Criminal Code of the Russian Federation ).

Along with single crimes, criminal law distinguishes between multiple crimes , which can be represented by a set of crimes (Article 17 of the Criminal Code of the Russian Federation) or recidivism of crimes (Article 18 of the Criminal Code of the Russian Federation).

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Complex forms of action

Complicated forms of single crimes are understood as acts committed in the form of one action, due to which new circumstances of the case arise as a result. Because of this, they drag on for several years until the cause is established, which entails a number of complications. They may also influence the course of the investigation if the person is found not guilty of additional crimes. As Article 109 of the Criminal Code of the Russian Federation describes the case, murder by negligence can be caused by various previous actions - directed or not directed towards the victim.

11. THE CONCEPT OF A SINGLE CRIME AND ITS TYPES (SIMPLE AND COMPLEX; TYPES OF A SINGLE COMPLEX CRIME)

A single crime

An act is recognized that contains elements of one crime and is qualified under one article or part thereof. Such an act can be carried out either by one action (inaction) or by a system of actions (acts of inaction), may entail one or more consequences, may be committed with one or two forms of guilt (in relation to different consequences), but in all these cases it remains a single crime and is not covered by the concept of plurality.

According to their legislative design, all individual crimes are divided into:

– for simple crimes;

– complex crimes.

Among simple isolated crimes

include those that encroach on one object, are carried out by one act, are characterized by one form of guilt, contain one corpus delicti, provided for by one article or part thereof.

Complex single crimes

are acts that infringe on several objects, characterized by a complicated objective side, the presence of two forms of guilt or additional consequences.

Complex single crimes can be:

– composite

– acts composed of two or more actions (acts of inaction), each of which is provided for by the Criminal Code as an independent crime;

– with alternative actions or with alternative consequences

– the commission of any of the actions (inaction) listed in the disposition of the article is sufficient to recognize the existence of a crime;

– lasting

– an action or inaction associated with subsequent long-term failure to fulfill the obligations imposed on the perpetrator by law under the threat of criminal prosecution. A continuing crime begins from the moment of commission of a criminal act (inaction) and ends as a result of the action of the culprit himself, aimed at stopping the crime, or the occurrence of events that prevent the commission of the crime. This type of crime is characterized by the continuous implementation of a certain criminal act and is committed over a relatively long period of time;

– continued

– consist of a number of identical criminal actions aimed at a common goal and in their totality constituting a single crime. The beginning of a continuing crime should be considered the commission of the first action from among several identical actions that constitute one continuing crime, and the end is the moment of commission of the last criminal act;

– complicated by additional grave consequences;

– two-object or multi-object

crimes - an encroachment is carried out on two or more objects;

– crimes with two forms of guilt

- when committing an intentional crime, grave consequences are caused, entailing a more severe punishment and are not covered by the person’s intent, but in the mental attitude of the person to the crime there are intellectual and volitional signs of frivolity or negligence.

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Complicated acts

An ongoing crime is characterized by the presence of several elements that need to be checked. This raises a legitimate question: how long will each version be checked before the statute of limitations expires? In specific cases, for two out of three reasons, we can talk about complications of the investigation. When a person is seriously injured, the investigation determines whether the patient will recover or die. In the first case, the prosecutor's office is faced with one investigation, and in the second, with a number of complications.

The signs of a single crime of a continuing type can be characterized as a crime committed, which has a continuation in the form of non-cessation of the crime. This does not mean that a person who committed theft for the first time and was released with a fine can go and commit a repeat robbery. Here we are talking about a different meaning, where a single crime has quite diverse examples.

Example of a continuing complicated crime

The father of two children stops paying alimony - the beginning of a crime begins. In this case, the court makes a decision to collect the debt in a forced form. Then the person continues not to pay, and accordingly, the crime against life and health indirectly continues. When he is convicted of non-payment, the crime will cease. Similar cases can be cited from different areas, where the starting point for counting the future end is the opening of a case in administrative or criminal proceedings. It is worth noting that requalification is also possible in the opposite direction:

1. If a person commits theft, for example, he is punished under a criminal article.
2. If a truce is concluded between the parties during a confrontation and an agreement is signed to terminate the case, then the article is reclassified as administrative.
3. In the case when a repeated single crime is committed, the articles of the Criminal Code of the Russian Federation can collectively form a single punishment by partial addition of several parts or an article if it concerns a separate chapter of atrocities.

Also, for a number of ongoing crimes, the Criminal Code provides for one article for imposing punishment.

Continuing crimes: cases and features

For a number of crimes that have begun and continue, separate parts of criminal articles from codes and laws are provided. This distinguishes them from a set of preventive measures, when it is required to make a general decision in one case for several consequences of a single offense. Such methods of punishment can be applied to persons who:

• They hold a person in captivity - the beginning of the crime is considered to be kidnapping, and the consequence will be detention for a certain time. If death occurs, then this is no longer an isolated act.
• Evasion from reporting to duty is a violation of an order and continued failure to comply with it. Here it is worth immediately considering several consequences, each of which may have complications.
• Inappropriate storage of weapons - the beginning will be considered when this fact is established. Only then can we talk about improper storage of the item. If violations of documents for the storage and use of weapons, use other than for the purposes for which they were intended, injury or death due to the use of weapons are revealed, then these actions are regarded as long-term consequences of one isolated case. The reluctance to correct documents and register weapons as required will continue.

Thus, almost all atrocities can be divided into two subcategories - committed and committed, but not completed.

The concept of a single crime. Types of a single complex crime

A single crime is an act that contains elements of one crime and is classified under one article or part thereof. Such an act can be carried out either by one action (inaction) or by a system of actions (acts of inaction), may entail one or more consequences, may be committed with one or two forms of guilt (in relation to different consequences), but in all these cases it remains a single crime and is not covered by the concept of plurality.

According to their legislative design, all individual crimes are divided into:

– for simple crimes;

– complex crimes.

Simple individual crimes include those that encroach on one object, are carried out by one act, are characterized by one form of guilt, contain one corpus delicti, provided for by one article or part thereof.

Complex individual crimes are acts that encroach on several objects, characterized by a complicated objective side, the presence of two forms of guilt or additional consequences.

Complex single crimes can be:

– compound – acts composed of two or more actions (acts of inaction), each of which is provided for by the Criminal Code as an independent crime;

– with alternative actions or with alternative consequences – the commission of any of the actions (inaction) listed in the disposition of the article is sufficient to recognize the existence of a crime;

- lasting - an action or inaction associated with subsequent long-term failure to fulfill the obligations imposed on the perpetrator by law under the threat of criminal prosecution. A continuing crime begins from the moment of commission of a criminal act (inaction) and ends as a result of the action of the culprit himself, aimed at stopping the crime, or the occurrence of events that prevent the commission of the crime. This type of crime is characterized by the continuous implementation of a certain criminal act and is committed over a relatively long period of time;

– continuous – consist of a number of identical criminal actions aimed at a common goal and in their totality constituting a single crime. The beginning of a continuing crime should be considered the commission of the first action from among several identical actions that constitute one continuing crime, and the end is the moment of commission of the last criminal act;

– complicated by additional grave consequences;

- two-object or multi-object crimes - an attack is carried out on two or more objects;

- crimes with two forms of guilt - when committing an intentional crime, grave consequences are caused, entailing a more severe punishment and are not covered by the intention of the person, but in the mental attitude of the person to the crime there are intellectual and volitional signs of frivolity or negligence.

The totality and recurrence of crimes as forms (types) of multiplicity of crimes.

Each phenomenon must have a form, that is, certain boundaries within which a certain concept exists and functions. The multiplicity of crimes is a social and legal phenomenon and also has its limits. The form of a phenomenon is determined by the interaction of the elements of which it consists. The question of forms of plurality was extremely relevant back in Soviet times. The authors of that time had many positions on which they built their designs of forms of plurality.

Over time, criminal law theory has evolved, and with it, forms of plurality have evolved. During the period of Russian legislation from 1993 to 2003, 3 forms of plurality were distinguished:

1) Repeated crimes;

2) The totality of crimes;

3) Recidivism of crimes.

However, repetition as a form of multiplicity has caused very heated debate. Repeatability quite often intersected with aggregate and recidivism, which caused difficulties in classifying crimes. “Retaining the concept of “repeated occurrence” in the Criminal Code, even in an incomplete manner, will solve only part of the problem (regarding recidivism). The other part of it, related to the violation of the principle of justice when classifying crimes in aggregate, taking into account the sign of repetition, remains unresolved. And the resolution of this problem is possible only if the concept of “repeatedness” is abandoned in both the General and Special Parts of the Criminal Code of the Russian Federation”6.

Many authors supported the initiative to exclude the concept of repetition from Russian legislation. And thus, Federal Law No. 162-FZ of December 8, 2003 abolished the institution of repetition, excluding it from legislation.

At this time, two forms of plurality are distinguished in Russian criminal law:

1) Set of crimes

2) Recidivism of crimes

Plurality of atrocities

A caught criminal may be charged with a single crime until he is found guilty of the others. As a result, recidivism, proven through the issuance of expert opinions and prosecutorial verification, makes a single act for each act a cumulative set. The difference between multiple crimes and single crimes is based on the identified evidence and factors that confirm that a single person committed several atrocities under different articles. They may be isolated individually, but collectively they are likely to be convicted for several cases at once, even if they occurred at different times and years.

Reclassification of crimes

There is such a thing as multiple crimes, which are reclassified from a single one. Let's say one person did a wrong thing, and then helped a group of people do the same thing. This may be an act that is punishable under one article, for example, breaking into a house and helping other participants in entering, who deliberately did this or through blackmail forced the only robber, for example, “to share with them.” Such an act, of course, will be regarded as initially single, and then multiple. But the court will make a decision on the basis of intentionality - that is, if the theft was planned and committed according to an invented scheme by one person, then this still needs to be proven, but the court will condemn each person individually for each act committed.

Single crime

A single crime is an act that contains elements of one crime and is classified under one article or part thereof. Such an act can be carried out either by one action (inaction) or by a system of actions (acts of inaction), may entail one or more consequences, may be committed with one or two forms of guilt (in relation to different consequences), but in all these cases it remains a single crime and is not covered by the concept of plurality.

According to their legislative design, all individual crimes are divided into simple and complex.

Simple single crimes

Simple individual crimes encroach on one object, are carried out by one act, are characterized by one form of guilt, contain one corpus delicti, provided for by one article or part thereof. An example of a simple single crime is theft, i.e. secret theft of someone else's property. Theft encroaches on one object - social relations in the sphere of distribution of material goods, is carried out by a single action - the seizure and (or) circulation of someone else's property in favor of the perpetrator, is committed with direct intent and is qualified under Part 1 of Art. 158 of the Criminal Code of the Russian Federation, which presupposes the presence of all the elements of a crime - theft. In law enforcement activities, there are no difficulties in distinguishing between single simple crimes and multiplicity.

The situation is different with isolated complex crimes.

Complex single crimes

Complex individual crimes are acts that encroach on several objects, characterized by a complicated objective side, the presence of two forms of guilt or additional consequences (See the corpus delicti).

Types of complex single crimes:

• composite;
• with alternative actions or with alternative consequences;
• lasting;
• continued;
• complicated by additional grave consequences and the presence of two forms of guilt in relation to different consequences.

Compound crimes are acts composed of two or more actions (acts of inaction), each of which is provided for by the Criminal Code as an independent crime. This is how, for example, the offense of robbery is constructed (Article 162 of the Criminal Code). In robbery, the criminal goal of taking possession of someone else's property is achieved through such socially dangerous means as violence dangerous to the life or health of the victim, or the threat of using such violence.

In such cases, individual isolated criminal actions (violence against a person and theft or attempted theft of someone else’s property) form one (single) complex crime - robbery, which has an increased public danger compared to the public danger of the criminal actions that are part of this crime. simultaneously on two objects (property relations and life or health of the individual). One of them is recognized by the legislator as mandatory and basic, which determines the placement of the norm in a certain chapter of the Criminal Code, the second is also mandatory, but additional, which does not detract from its criminal legal significance.

Component crimes include hooliganism (Article 213 of the Criminal Code), which simultaneously encroaches on such law-protected interests as public order and personality, and in some cases, on property relations. Thus, compound crimes always turn out to be two- or multi-objective. Some scientists believe that it would be more correct to define a compound crime as an act (action or inaction) that directly encroaches on at least two objects of criminal legal protection.

The specificity of a crime with alternative actions is that the commission of any of the actions (inaction) listed in the disposition of the article is sufficient to recognize the existence of a crime. For example, in Part 2 of Art. 228 of the Criminal Code refers to a single crime (illegal acquisition or storage for the purpose of selling, manufacturing, processing, transportation, transfer or sale of narcotic drugs or psychotropic substances), which is recognized as completed when one or more of the listed alternative actions are committed. At the same time, the subject does not commit a new crime if he commits two or all of those named in Art. 228 of the Criminal Code, for example, first illegally acquires narcotic drugs or psychotropic substances, stores them, and then sells them.

Complex single crimes are also crimes with alternative consequences . For example, intentional infliction of grievous bodily harm may entail one or more of the consequences listed in Part 1 of Art. 111 of the Criminal Code - loss of vision, hearing, speech, any organ, etc.

When committing a continuing crime, the action or inaction is associated with a subsequent more or less prolonged failure to fulfill the duties imposed on the offender by law under the threat of criminal punishment. This type of crime is characterized by the continuous implementation of a certain criminal act and is committed over a relatively long period of time. Examples of crimes called continuing include unlawful imprisonment (Article 127 of the Criminal Code), malicious evasion of payment of funds for the maintenance of children or disabled parents (Article 157 of the Criminal Code), evasion of repayment of accounts payable (Article 177 of the Criminal Code), unauthorized abandonment unit or place of service (Article 337 of the Criminal Code), etc.

A continuing crime begins and forms the complete corpus delicti of a specific crime either from the moment of commission of the first criminal act (for example, when leaving a unit or place of service without permission (Article 337 of the Criminal Code) - from the moment of leaving the territory or place of service without the legal permission of the commander (chief) of the territory or place of service) , or from an act of criminal inaction (for example, when evading military and alternative civil service (Article 328 of the Criminal Code) - from the moment of failure to appear on a summons at a recruiting station or other designated place without good reason).

A continuing crime ends as a result of either the action of the culprit himself, aimed at stopping the crime (for example, turning himself in), or the occurrence of events that prevent the further commission of the crime (for example, intervention by authorities), or when the obligation itself, the failure of which constituted the content of the continuing crime, has disappeared ( for example, with the death of a child or a disabled parent, the obligation of the perpetrator to pay funds for their maintenance, by a court decision, ceases). A continuing crime, regardless of the duration of its implementation, is considered as one (single) crime.

Continuing crimes consist of a number of identical or identical criminal actions (acts of inaction), have a common goal, are covered by a single intent and generally constitute one crime. In contrast to a continuing crime, a continuing crime consists of the repeated commission of identical (identical) acts, while the criminal activity is considered completed from the moment the last of them was committed.

Continuing crimes include, for example, torture, expressed in causing physical or mental suffering through systematic beatings or other violent actions (Article 117 of the Criminal Code), etc.

The specificity of the objective side of a continuing crime lies in the fact that the committed actions (acts of inaction) are united not only by relatively short periods of time between them, but also by a single method of committing the act, as well as the occurrence of homogeneous consequences. From the subjective side, a continuing crime is characterized by the presence of the same form of guilt, the same motives and a single goal of criminal activity.

In the theory of criminal law, complex individual crimes include crimes characterized by the presence of additional grave consequences and crimes with two forms of guilt . As an example of the first group, Part 4 of Art. 111 of the Criminal Code (causing grievous bodily harm resulting in the death of a person through negligence).

As an example, the second is Part 2 of Art. 167 of the Criminal Code (deliberate destruction or damage to property, resulting in the death of a person or other consequences through negligence). According to some authors, this group also includes the crime provided for in Part 3 of Art. 264 of the Criminal Code (violation of traffic rules resulting in the death of a person through negligence).

However, it seems that all these examples can be classified as one group of crimes, complicated by the presence of additional grave consequences. It is these crimes that the legislator classifies as crimes with two forms of guilt (Article 27 of the Criminal Code). This applies to crimes provided for in Part 4 of Art. 111 of the Criminal Code (causing grievous harm to health), part 2 of Art. 167 of the Criminal Code (damage and destruction of property), etc.

Thus, the last group of complex individual crimes includes crimes complicated by the presence of additional grave consequences, which implies the simultaneous presence of two forms of guilt.

The articles of the Special Part of the Criminal Code of the Russian Federation are designed in such a way that it is assumed that one single crime has been committed. However, in some cases, when a person simultaneously or at different times commits not one, but two or more crimes, a number of criminal legal issues arise related to both the qualification of such crimes and their delimitation from individual complex crimes. These questions require a detailed analysis of the types of plurality, namely:

1. repetition (Article 16 of the Criminal Code of the Russian Federation, not valid);
2. aggregates;
3. relapse.

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What happens in practice?

It is not always possible to make a fair decision in court, even if it can later be challenged. Sometimes they are classified into a degree of greater and more serious punishment. If there is no basis to assume otherwise, then the court is inclined to accept the opinion of the witnesses and parties who will act as plaintiffs. Sometimes in practice it is quite difficult to convince the prosecutor and the court of innocence when it comes to multiple crimes. It is unfair to apply articles under it, since for a single criminal act you can get off with a fine. That is why in a number of cases the position of the plaintiff is taken into account, who cannot or does not want to treat the defendant and the accused favorably.

What to do if isolated crimes are of a more loyal nature, and many judges believe that these are forced crimes in order to commit a crime and receive a minimum sentence? Judges often disagree, but in practice it is quite difficult to force them to understand what only a criminal is right about if he does not consider himself to be one. If justice were logical and ideal, many would be released from prison, while others worthy of punishment would spend most of their lives behind bars.