System and concept of the Special Part of Criminal Law
Definition 1
A special part of criminal law is a set of rules and regulations, arranged in a strictly defined order, defining the range of acts that are considered criminal, and specific punishments provided for the commission of these acts, revealing the content of certain criminal law regulations, providing for different types of exemption from criminal liability.
The system of the Special Part of Criminal Law is a classification of norms, systematized in accordance with the generic and specific objects of criminal activity, their location in strictly defined sections, chapters, and articles of the Criminal Code of the Russian Federation. The classification is based on the specific object of the crime. Within the chapters, classification is carried out according to the immediate object.
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Crimes that are homogeneous in their essence and character, social orientation, are combined into the following sections:
- against the person;
- in the field of economics;
- against public safety and order;
- against state power;
- against military service;
- against the peace and security of mankind.
In the system of the Special Part, the priorities of criminal law protection are set: protection of the individual, protection of society and protection of the state.
General part as an element of the criminal law system
As noted above, criminal law, being an independent branch of modern Russian law and legislation, is characterized by the presence of its own structure, one of the largest elements of which is the general part. In this regard, it is necessary to pay attention to the fact that within the framework of the general part of criminal law, there is a legal consolidation and resolution of key issues of a general nature that are important for legal regulation within the entire branch of criminal law, each institute and sub-institution of the industry in question.
In particular, the general part of criminal law stipulates:
- principles and objectives of criminal law regulation;
- key concepts and terms of criminal law: crime, relapse, necessary defense, punishment, etc.;
- concept, goals and procedure for imposing criminal punishment;
- issues of exemption from criminal liability and criminal punishment;
- grounds and procedure for applying other measures of criminal law – medical, educational, etc.;
- certain aspects of general criminal law prevention and crime control.;
- etc.
In terms of volume, the general part of the modern Criminal Code of the Russian Federation. We have already completed coursework
Criminal law in more detail is somewhat less special - it is presented in six sections, divided into 16 chapters and separate articles from 1 to 104.
Contents of the Special Part of Criminal Law, its connection with the General Part
A special part of the criminal law is formed by criminal law norms that provide for punishment for certain types of criminal acts.
The norms of the General Part determine the grounds, principles, and limits of liability of the guilty persons. The norms of the Special Part include strictly defined criminal law prohibitions and establish penalties prescribed for crimes.
The General and Special Parts are the unified criminal law of the Russian Federation, which solves the problems of protecting human rights and freedoms, public safety, public order, property, the constitutional system of the country, the environment from criminal attacks, preventing crimes, ensuring peace and security.
Finished works on a similar topic
Course work A special part of criminal law 400 ₽ Essay A special part of criminal law 280 ₽ Test work A special part of criminal law 190 ₽
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The relationship between the General and Special Parts is manifested in the following aspects:
- are called upon to perform the same type of tasks (Article 2 of the Criminal Code);
- are based on general principles of criminal law (Articles 3–7 of the Criminal Code);
- the norms of the General Part are the basis for the norms of the Special Part and contain basic concepts for criminal law; the norms of the Special Part fill the norms of the General Part with specific content;
- The provisions of the General Part take precedence if there are facts that exclude the criminality of the act and fall under the elements of a crime provided for by the Special Part.
The norms of the Special Part outline a list of criminally punishable acts, criminal law prohibitions, determine the types and terms of punishment, as well as incentive norms (stimulate positive post-criminal behavior of the guilty person, define special types of exemption from liability) and definitional norms (explain concepts interpreting individual criminal legal categories of crimes against military service, features of punishment for acts committed in a combat situation or in wartime). Definitional norms and incentive norms are determined by the regulatory function of criminal law.
Norms of the Special Part of Criminal Law:
- ensure protection of public relations;
- ensure the implementation of state policy in criminal law;
- embody the principle of legality;
- contain a description of specific types of criminal acts;
- classifies crimes depending on the degree of public danger, their nature, makes it possible to distinguish different types of punishments and exempt from liability.
1. Criminal law: subject and method; system and tasks; science of criminal law
2. Principles of criminal law and their types
3. Concept, characteristics and structure of criminal law. Interpretation of criminal law
4. Concept and features of criminal law
5. Effect of criminal law over time
6. Action of criminal law in space
7. Concept and main features of a crime. Classification of crimes
8. Concept and types of common simple and complex crimes
9. Concept, forms and types of multiplicity of crimes
10. Concept, elements and signs of a crime
11. The concept of the object of the crime and its types
12. Types of crimes
13. The concept of the subject of the crime and its relationship with the object of the crime. Multi-object crimes
14. The concept of the objective side of the crime. Mandatory signs of the objective side
15. Concept and types of criminal consequences. Causality. Optional signs of the objective side of the crime
16. Concept and characteristics of the subject of the crime
17. Concept and criteria of insanity. Special crime subject
18. The concept and signs of the subjective side of the crime. Forms of guilt
19. Legal and factual errors. A crime with double culpability. Incident
20. Attempted crime and its types
21. Concept and types of stages of an intentional crime. Preparing for a crime
22. Voluntary refusal to commit a crime. The concept and signs of complicity in a crime
23. Forms and types of complicity in a crime
24. Types of complicity according to the Criminal Code of the Russian Federation. Types of accomplices
25. Responsibility of accomplices in the crime. Involvement in crime
26. Concepts and types of circumstances excluding the criminality of an act. Urgent necessity
27. Necessary defense. Imaginary defense
28. Causing harm during the detention of a person who has committed a crime. Execution of an order or instruction
29. Concept and signs of criminal liability. Physical and mental coercion. Justified risk
30. Stages, grounds, limits and purposes of criminal liability
31. Concept, signs and purposes of punishment in criminal law
32. System of punishments and types of punishments
33. Evasion from serving a sentence
34. Compulsory and corrective labor; restriction on military service; restriction of freedom, arrest
35. Confinement in a disciplinary military unit; imprisonment for a certain period of time; life imprisonment; the death penalty
36. Additional punishments and punishments applied as both primary and additional
37. The concept of general principles of sentencing
38. Circumstances mitigating and aggravating punishment
39. Imposition of punishment within the sanction of the article of the special part of the Criminal Code of the Russian Federation
40. Imposition of a more lenient punishment than provided for the crime. Assignment of punishment for a set of crimes
41. The concept of probation
42. Concept and types of exemption from criminal liability. Release due to active repentance
43. Exemption from criminal liability in connection with reconciliation with the victim and due to the expiration of the statute of limitations
44. Concept and types of exemption from punishment. Conditional early release from serving a sentence. Replacement of the unserved part of the sentence with a more lenient one
45. Exemption from punishment due to changes in situation and illness. Amnesty and pardon
46. Deferment of serving sentences for pregnant women and women with young children. Exemption from punishment due to the expiration of the statute of limitations for a court conviction
47. The concept of a criminal record. Expungement and expungement of a criminal record. Compulsory educational measures
48. Features of criminal liability and punishment of minors
49. Compulsory medical measures
50. Confiscation of property
51. The concept of a special part of criminal law, its meaning and tasks. Unity of special and general parts. System of the special part of criminal law
52. Concept, types and meaning of qualification of crimes. Crime classification process
53. Competition of norms, its types and varieties
54. A group of persons, a group of persons by prior conspiracy or an organized group. A crime resulting in death and other grave consequences through negligence
55. Crime committed with the use of violence or the threat of its use
56. Crime committed using official position; with the use of weapons or objects used as weapons; in relation to a known minor
57. Murder of two or more persons. The murder of a person or his relatives in connection with the performance of official activities by this person or the performance of a public duty
58. Murder of a person who is known to be in a helpless state by the perpetrator, as well as associated with the kidnapping of a person or the taking of a hostage; murder of a woman known to be pregnant by the perpetrator
59. Murder committed with extreme cruelty; in a generally dangerous way
60. Murder for mercenary motives or for hire, as well as associated with robbery, extortion or banditry; hooligan murder
61. Murder motivated by national, racial, religious hatred or enmity or blood feud; murder for the purpose of using the victim's organs or tissues
62. Qualifying characteristics characteristic of crimes in the economic sphere
63. Crimes against life and health
64. Murder, its types
65. Murder of a newborn child by a mother. Murder committed in the heat of passion
66. Murder committed when exceeding the limits of necessary defense or when exceeding the measures necessary to apprehend the person who committed the crime. Causing death by negligence
67. Intentional infliction of grievous bodily harm
68. Intentional infliction of moderate or minor harm to health
69. Beatings and torture
70. Crimes against honor, freedom and dignity of the individual
71. Kidnapping; unlawful deprivation of liberty; human trafficking
72. Use of slave labor; illegal placement in a psychiatric hospital; slander
73. Insult. Crimes against sexual freedom and sexual integrity
74. Rape
75. Violent acts of a sexual nature; coercion to perform sexual acts
76. Sexual intercourse and other actions of a sexual nature with a person under 16 years of age; indecent acts
77. Crimes against the constitutional rights and freedoms of man and citizen
78. Concept and types of crimes against family and minors
79. Involvement of a minor in the commission of a crime. Involving a minor in committing antisocial acts
80. Concept and types of crimes against property
81. Concept, main signs and forms of theft. Subject of theft and its signs
82. Theft; fraud; misappropriation or embezzlement
83. Robbery and robbery
84. Extortion
85. Causing property damage by deception or breach of trust; intentional destruction or damage to property
86. Wrongful taking of a vehicle without the purpose of theft; destruction or damage to property due to negligence
87. Crimes against the interests of service in commercial and other organizations
88. Crimes against public safety
89. Terrorism
90. Knowingly false report about an act of terrorism; banditry
91. Organization of a criminal community
92. Riots
93. Hooliganism
94. Vandalism
95. Illegal arms trafficking
96. Theft or extortion of weapons
97. Crimes against public health and public morality
98. Illicit drug trafficking
99. Violation of the rules of circulation of narcotic drugs or psychotropic substances; their theft or extortion
100. Concept and types of crimes against traffic safety and transport operation
101. Crimes against the constitutional order and security of the state
102. High treason; espionage; disclosure of state secrets
103. Crimes against state power, interests of public service and service in local government
104. Concept of an official
105. Abuse and excess of official powers
106. Negligence; receiving and giving bribes
107. Crimes against justice
108. Forgery of documents; arbitrariness
