The nature and degree of public danger of the crime

Category of public danger and slander

Public danger is one of the signs of a crime. According to Part 1 of Art. socially dangerous committed guilty of guilt , prohibited by the Criminal Code under threat of punishment, is recognized as a crime. Moreover, in Part 2 of Art. 14 of the Criminal Code of the Russian Federation establishes that “an action (inaction), although formally containing signs of any act provided for by this Code, but due to its insignificance does not pose a public danger, is not a crime.” In other words, the absence of an appropriate level of social danger of an act means the absence of a crime. Finally, in accordance with Part 1 of Art. 15 of the Criminal Code of the Russian Federation, acts provided for by the Criminal Code are divided into crimes of minor gravity, crimes of medium gravity, serious crimes and especially serious crimes, depending on the nature and degree of public danger.

It should be especially noted that public danger is not established arbitrarily by the legislator; the legislator recognizes and evaluates it from the standpoint of social values ​​accepted (prevailing) in society. Thus, social danger is an evaluative concept that can be filled with additional characteristics with the development of society.

In this regard, the position of Doctor of Law, Professor, Head of the Department of Criminal Procedure of Moscow State University looks natural (albeit debatable). Lomonosov Leonid Golovko, who believes that “the assessment of the social danger of actions that can use information methods to break the fate of specific people, destabilize public peace and cause public anger, is absolutely outdated.” (https://rapsinews.ru/incident_news/20201124/306532944.html)

Professor Golovko further points out: “To be convinced of this, just look at Article 128.1 of the Criminal Code of the Russian Federation (libel), where such a crime as libel, including that associated with the dissemination of knowingly false information publicly (through social networks, media, etc.) , with the use of official position, associated with accusations of committing grave and especially grave crimes, with the dissemination of knowingly false information about the presence of specific people with diseases dangerous to others, is punishable exclusively by fines and symbolic compulsory labor.” The arguments presented do not convince us. Article 128-1 of the Criminal Code of the Russian Federation contains five parts, which, in addition to compulsory work, provide for fines in the amount of 500 thousand to 5 million rubles. The amounts are decent and, in our opinion, quite adequate to the nature and degree of public danger of the crime. In this regard, can it be argued that only punishment in the form of imprisonment will contribute to the correction of the guilty and the restoration of justice?

Leonid Golovko is alarmed by the current gap between criminal law regulation and the realities of the information society, therefore, in his opinion, the very perception of the category of public danger must change. According to Professor Golovko, “our ideas about social danger have remained at the level of past eras, when it was associated mainly with violent crime, and various information crimes were considered a priori low-risk, deserving almost decriminalization.” Summarizing, the respected expert comes to the conclusion that “the state must bring the sanctions of the article on libel in line with the real degree of social danger of the crime in the modern world, “when people are slandered not in a narrow company of five or ten people, but in open information channels that have a different audience, which leads to other consequences.” What other consequences are we talking about? Probably about criminal consequences, for example, about the suicide of a slandered person.

We dare to believe that the category of public danger in criminal law will always be associated, first of all, with violent crime. It seems that, for example, murder will never be recognized as less socially dangerous than slander. This seems obvious to us. Meanwhile, there are already certain distortions in the Criminal Code of the Russian Federation. If we assume that slander will lead to the suicide of the slandered person, then it should be recalled that driving a person to suicide or attempted suicide, committed in a public speech, publicly displayed work, the media or information and telecommunication networks (including the Internet), punishable by imprisonment for a term of eight to fifteen years... (clause “d”, part 2 of article 110 of the Criminal Code of the Russian Federation). (However, let us make a reservation that the corpus delicti provided for by the disposition of Part 1 of Article 110 of the Criminal Code of the Russian Federation requires certain changes in this regard (in order to charge the guilty person with a set of crimes - slander and incitement to suicide).) Murder under Part 1 of Part 1. 105 of the Criminal Code of the Russian Federation is punishable by imprisonment for a term of six to fifteen years. As you can see, the sanction of paragraph “d” of Part 2 of Art. 110 of the Criminal Code of the Russian Federation is tougher than the sanctions of Part 1 of Art. 105 of the Criminal Code of the Russian Federation. Is this bringing “the sanctions of the article on libel in line with the real degree of social danger of the crime in the modern world”?

And one last thing. Professor Golovko correctly notes that concerns about freedom of speech in the case of libel and deliberately false information are in vain; Freedom of speech cannot apply to liars.

“In legal language, the word “knowingly” means that criminal liability occurs only when the disseminator of information knows perfectly well that it is not true, but nevertheless does it based on some unlawful considerations (money, politics, power, revenge, blackmail, desire to become famous, etc.),” notes Leonid Golovko. It is impossible to disagree with this.

Crime concept

The definition of crime that was given in 1791 is considered classic. in the French Criminal Code, then in the Napoleon Criminal Code (1810).

This definition, with various modifications, essentially exists even now. Article 1 of the French Criminal Code states: “A crime is an act that entails a shameful or painful punishment.”

Definitions of this kind are called normative or formal, since they do not reveal the social nature of the crime. However, the outstanding scientist and criminologist Cesare Beccaria noted that a crime is an act that causes harm to society.

Part 1 of Article 14 of the Criminal Code of the Russian Federation gives the following definition of a crime: “A crime is recognized as a socially dangerous act committed guilty of guilt, prohibited by this Code under threat of punishment.”

Concept and signs of crime

The difference between a crime and an offense

More than one-third of all adult criminal cases involve at least one offense. Canadian adult criminal courts handle a large number of crimes against the course of justice. Although this type of offense accounts for approximately one in every ten police incidents recorded by the police, justice charges are involved in more than one third of adult criminal cases committed.

Over time, the volume of cases involving crimes against the administration of justice has increased compared to criminal cases in general. Failure to comply with charges, which is most common among the administration of justice in court cases. These proportions are consistent with the distribution of these types of offenses reported by the police and have changed little over time.

Crime and delinquency are different concepts

Quite often, citizens do not see much of a difference between the concepts of “crime” and “offense.” An offense means a certain action, the consequence of which is a violation of public order. Such actions include:

• Neglect of certain instructions;
• Causing moral harm to other citizens, or;
• Complete or partial disregard of specific prohibitions.

Each offense is characterized by a certain degree of contradiction to the current provisions of the legislative framework. Committed offenses can be directed both in relation to individual citizens and in the public interest. Offenders pose minimal danger to society.

Cases where failure to comply with an order were among the charges increased by 25%, while the common cold also increased among completed adult criminal cases. Over the same period, no-show cases decreased by almost one-fifth. About half of criminal cases in Manitoba, Yukon and Saskatchewan involved at least one misdemeanor charge. In contrast, adult criminal courts in Quebec and Prince Edward Island reported fewer cases involving this type of offense.

The largest increases during this period were observed in British Columbia and Manitoba. The only province or territory that did not experience a significant increase in the proportion of completed criminal cases that involved at least one misdemeanor was Ontario, where the percentage of such cases increased by less than one percent.

All offenses committed by citizens are considered in the Administrative Code of the Russian Federation. All punishments used are considered relatively mild. These include:

• Various public works;
• Arrest for a short period of time without a criminal record.

Citizens can be held accountable for committing offenses from the age of fourteen.

The distribution of justice, most often associated with property crimes in criminal courts. Justice costs are often processed by the courts alongside non-violent crimes and may or may not be the most serious crime in the case. Also this year, 20% of cases involving violent crimes also involved charges of crimes against the course of justice.

Findings about guilt common in legitimate cases involving the administration of justice

Various options are available for judges and juries imposing judgments in adult criminal cases. These types of decisions include the results of blame, excuses, charges. This briefing examines immigration offenses in UK immigration and asylum law, as well as trends in legislation and criminal and civil enforcement of offenders. It does not look at data on crimes committed by migrants that are not related to the immigration system itself, such as thefts committed by migrants.

Citizens for crimes committed are determined by the Criminal Code of the Russian Federation. every crime always has a very close relationship with various forms of property, the personal interests of a particular citizen, a certain constitutional system, established social legal relations, etc.

When considering an action as a crime, the degree of its severity plays a significant role. Citizens can be tried for crimes only after reaching the age of sixteen.

Immigration and asylum laws define immigration offenses through provisions that impose civil or criminal penalties—including imprisonment—for violations of immigration rules. Immigration offenses cover a wide range of activities with wide variations in sanctions. However, “immigration crimes” do not refer to crimes committed by migrants, except in cases directly related to violations of immigration laws. For example, if a migrant commits theft, it is not considered an “immigration crime,” but simply a crime committed by the migrant. Immigration crimes can be committed by both British citizens and non-citizens. Although some offenses related to a person's immigration status can only be committed by persons subject to immigration controls, other offenses can also be committed by British citizens. Violations of immigration laws may carry civil or administrative penalties. They may also be felonies carrying criminal penalties. In some cases, the same incident may be considered a civil or criminal matter. For example, one person arriving in the UK with a false passport may be immediately removed from the country, but another may be prosecuted for possessing a false document if immediate removal is not possible. Depending on the circumstances of the case, law enforcement may deny entry into the country, initiate removal or deportation proceedings, or initiate deportation at a governmental level “promoting the public welfare.” When the violation is also a criminal offense—for example, in the case of illegal entry—criminal prosecution is also a possible enforcement mechanism. If such a charge results in a conviction, it could lead to a recommendation for deportation. Magistrates' courts hear cases involving less serious offenses - 'felonies' or 'whatever' - and judges or district judges can impose sentences of up to six months' imprisonment.

The concept of public offense

Definition 1
An offense is an act characterized by public danger, illegality and guilt, committed by a person capable of bearing responsibility for it.

By committing an offense, the subject of law commits an attack on the order of relations formed in a given society. Thus, an offense is a phenomenon of social significance. Despite the fact that the result of an offense may be harm caused to a specific individual, it also encroaches on public interests, since each individual is also a member of society.

Minors, young children, persons recognized as incompetent can break the law, but are not held legally accountable for the act committed.

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A social offense can be committed either through action or inaction, if it is dangerous for society.

Causing harm or violating a rule of law due to an objective combination of circumstances cannot be recognized as a social offense. This could be an accident, or an act committed in conditions of extreme necessity, in conditions of necessary defense, and the like.

Signs of a public offense:

• an object
• method of committing a tort
• subject of the offense
• public danger.

Object and method of committing an offense

Definition 2

The object of a public offense is social relations protected by legal norms, which together form a social organism.

By committing an offense, an individual violates public order.

Definition 3

Actions that violate the established public order or create a threat to it are a method of committing an offense.

Finished works on a similar topic

Course work Public offense 470 ₽ Essay Public offense 220 ₽ Test paper Public offense 210 ₽

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The method of committing a public offense is influenced by the nature of the social relations that it encroaches on. Actions that in one socio-historical situation may be considered dangerous to public order are considered neutral in other conditions. For example, private entrepreneurship in a socialist system and in a market economy.