The actual moment of the end of the crime. Completed and unfinished crime

According to Part I of Art. 29 Criminal Code the crime is declared completed, if in perfect person the act contains all the elements of a crime provided for by the Criminal Code. The articles of the Special Part of the Criminal Code provide for the elements of completed crimes. The question of whether the actions (inaction) of a person contain signs of a completed crime or elements of preparation or attempt to commit any crime has important not only for correct qualifications deed, but also to resolve issues of complicity and sentencing.

This issue is resolved taking into account the fact that how is it formulated in the article of the Special Part of the Criminal Code elements of the relevant crime, whether it belongs to the so-called material, formal or truncated compositions.

If the composition of the corresponding criminal act formulated in law as material, then, in order to recognize an act as a completed crime, it is necessary to establish that as a result of an action or inaction committed by a person, a criminal consequence provided for by law occurred.

At formal compositions, the act committed is considered as a completed crime if the person has committed all the actions provided for in the disposition of the article of the Special Part of the Criminal Code, which include objective side relevant elements of the crime. The occurrence in such cases of consequences that are beyond of this composition, may be taken into account when sentencing.

At truncated compositions, the act committed is considered a completed crime from the stage of preparation for a crime or from the stage of attempted crime. For example, robbery (Article 162 of the Criminal Code) is considered a completed crime from the moment of 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.

Characterized by certain features end point lasting, ongoing, consisting of repeatedly performed or alternative actions. Lasting the crime is recognized as completed due to the action of the culprit himself, aimed at stopping the crime, or the occurrence of events that prevent the commission of the crime (for example, due to the intervention of authorities). Continued the crime is considered completed from the moment the last of the intended actions is committed.

Signs of a completed crime

In accordance with Part 1 of Art. 29 of the Criminal Code recognizes the crime finished, if the act committed by a person contains all the elements of a crime provided for by criminal law. Consequently, if at least one of the elements of the crime is absent, then the act cannot be qualified as a completed crime.

Recognition of the existence of a completed crime presupposes the establishment of the moment from which the completion of the crime can be stated. The decisive factor here is the design of the objective side of the crime. If the composition is material (consequences are included in its design), then the end of the crime is linked to the onset of the consequences specified in the disposition criminal law. For example, murder under Part 1 of Art. 105 of the Criminal Code, is considered completed upon the death of the victim. The murder of two or more persons (clause “a” of Part 2 of Article 105 of the Criminal Code) will be completed if the death is caused to at least two victims.

If the corpus delicti is formal (socially dangerous consequences are not included in its design), then the crime will be completed from the moment the actions provided for in the disposition of the criminal law are committed. For example, robbery (Article 162 of the Criminal Code) is considered completed from the moment of 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, regardless of whether or not it was possible to take possession of someone else’s property.

Illegal possession of narcotic drugs is considered a completed crime from the moment the actions to ensure the safety of these drugs begin.

If the composition is alternative, then the crime will be completed from the moment of commission of at least one of the acts provided for in this composition. Thus, the crime provided for in Art. 186 “Production or sale of counterfeit money or valuable papers» Criminal Code will be completed if at least one of the specified actions: production for marketing purposes or sale of counterfeit bank notes Central Bank RF, metal coins, government securities or other securities in currency Russian Federation or foreign currency or securities in foreign currency.

In theory and in practice, it is customary to distinguish between the concepts of “the moment of the end of the crime” and “the moment of the end of the act” (sometimes they talk about the legal and actual moments of the end of the crime). The first concept is associated with the establishment of all the elements of a crime in the act. The second is with the actual cessation of socially dangerous encroachment. Legal point the end of the crime determines the qualification of the act as a completed crime. The actual moment of the end of the crime is important in determining the time of commission of the crime; the statute of limitations for criminal liability begins to be calculated from it.

Often we have to deal with situations where legal and actual points The endings of the crime do not coincide. Moreover, the elements of some crimes are constructed in such a way that they imply such a discrepancy. For example, illegal possession weapons will be legally completed from the moment the actions to ensure their safety begin. But in fact, this crime will continue until the storage of weapons stops. It turns out that the encroachment may still actually continue, but the crime is already over.

Usually the legal and factual aspects do not coincide in crimes involving formal compositions. However, such a discrepancy can also occur in crimes with a material composition.

So, if it was planned to kill three victims, and the death was caused to two, then the completed murder of two or more persons will take place. The fact that the planned plan has not been fully implemented in this situation will not affect criminal law assessment of the act as a completed crime, since the law links the completion of a crime with the death of two victims. Failure to complete intent does not mean that there is unfinished crime.

As a rule, in the resolutions of the Plenum Supreme Court of the Russian Federation, dedicated to the application of criminal law in relation to individual species crimes, the issues of establishing the moment of completion of the crime are specifically explained. Thus, in the resolution of the Plenum of the Supreme Court of the Russian Federation dated December 27, 2002 No. 29 “On judicial practice in cases of theft, robbery and robbery" it is stated that "theft and robbery are considered completed if the property is confiscated and the perpetrator has real opportunity use it or dispose of it at your own discretion (for example, convert stolen property to your own benefit or to the benefit of other persons, dispose of it for personal gain in any other way).”

It happens that the end point cannot be determined unambiguously due to the design of the crime and the specifics of the crime. An indicative crime in this regard is smuggling (Article 188 of the Criminal Code). In the resolution of the Plenum of the Supreme Court of the Russian Federation dated May 27, 2008 No. 6 “On judicial practice in cases of smuggling,” it is explained that “when considering a specific case, the moment of completion of smuggling should be determined depending on the form and method of movement of goods (import, export, shipment, movement by pipeline transport or along power lines), method of smuggling (in addition to or with concealment from customs control, with the fraudulent use of documents or means of customs identification, with non-declaration or false declaration), as well as taking into account the stages of movement established by the Customs Code of the Russian Federation, for example, obtaining permission to use the internal customs transit procedure (Articles 79-90) or international customs transit (Articles 167-169), preliminary, periodic and periodic temporary declaration (Articles 130, 136 and 138).”

1. A crime is considered completed if the act committed by a person contains all the elements of a crime provided for by this Code.

2. Preparation for a crime and attempted crime are recognized as an unfinished crime.

3. Criminal liability for an unfinished crime occurs under the article of this Code, which provides for liability for a completed crime, with reference to Article 30 of this Code.

Commentary to Art. 29 of the Criminal Code of the Russian Federation

1. The Criminal Code does not contain the term “stage”. However, the theory of criminal law and practice use it, because, like any other human activity, its criminal behavior proceeds in time and space and consists of several stages. Stages are the stages in which a crime is carried out. They differ in the nature of actions and consequences and the degree of implementation of criminal intent.

The law distinguishes between completed and unfinished crimes. An unfinished crime, in turn, is either preparation or an attempt (Part 2 of the article under comment). Thus, the Criminal Code provides for three stages of committing a crime: completed crime, preparation for a crime, attempted crime.

2. Based on the definition of crime as social dangerous act(Article 14 of the Criminal Code), the so-called detection of intent is not a stage, i.e. expressed externally verbally, in writing, by threat, etc. intention to commit a crime, because in these cases there are no actions aimed at its implementation. However, if it is established that a person has demonstrated intent to commit a crime, everything possible should be done to prevent criminal activity.

An unpunished threat to commit a crime must be distinguished from crimes, the objective side of which is the psychological influence on the victim through threats. In cases provided for by law (see, for example, Art. 119, 296 of the Criminal Code), such a threat is criminally punishable.

3. A crime is considered completed if the act committed by a person contains all the elements of a crime provided for by the Criminal Code (Part 1 of the commented article). In this case, there is full implementation of objective and subjective signs corpus delicti, named in a specific norm of the Special Part of the Criminal Code and arising from the provisions of the General Part of the Criminal Code.

Establishing the moment of the end of the crime is one of the guarantees of compliance with the principle of legality in the process of qualifying crimes. The moment of completion of the crime depends on the legislative structure of the crime.

The crime is declared completed:

a) in material compositions - with the onset of criminal consequences (see, for example, Art. 105, 158, 159, 172, 264 of the Criminal Code). Theft of weapons, their components, ammunition, explosives or explosive devices is complete when a person unlawfully took possession of them in any way with the intention of appropriating the stolen property or transferring it to another person, as well as disposing of it at his own discretion in any other way (clause 13 of the Resolution of the Plenum of the Armed Forces of the Russian Federation dated March 12, 2002 N 5); environmental crimes related to causing major damage, form a complete composition only if there is real damage;
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See also: RF BVS. 2010. N 12. P. 11.

b) in formal compositions - with the completion of public dangerous actions(see, for example, Art. 166, 204, 230 of the Criminal Code). Thus, unlawful seizure of a vehicle is considered a completed crime from the moment of departure or movement vehicle from the place where it was located; extortion is a completed crime from the moment demands are made for the transfer of property under the threat of harm to the victim or his relatives; the sale of part of the counterfeit money constitutes a completed crime; illegal cultivation of prohibited plants containing narcotic substances, is considered completed from the moment of sowing, regardless of subsequent germination or growth of plants; crimes provided for in clauses “b”, “c”, “d”, part 1 of Art. 256, art. 258 of the Criminal Code are considered completed from the moment of the start of production, tracking, pursuit, catching, regardless of whether aquatic water was actually obtained biological resources or other animals; crimes under Art. Art. 150, 151 of the Criminal Code, are completed from the moment of commission juvenile crimes, preparation for a crime, attempted crime or after committing at least one of the antisocial acts, provided for by the disposition Part 1 Art. 151 of the Criminal Code (systematic consumption of alcoholic beverages, intoxicants, vagrancy or begging) (clause 42 of the Resolution of the Plenum of the Armed Forces of the Russian Federation dated 01.02.2011 N 1); at commercial bribery(Article 204 of the Criminal Code) the crime is considered completed from the moment the recipient accepts at least part transferred values; receiving official part of the predetermined amount of the bribe is considered a completed crime;
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BVS RF. 1997. N 3. P. 10.

BVS RF. 1997. N 5. P. 10.

BVS RF. 1998. N 7. P. 7.

See also: RF BVS. 2000. N 2. P. 22.

BVS RF. 2001. N 4. P. 17.

BVS RF. 2001. N 8. P. 18.

c) in truncated provisions, the legislator transfers the moment of the end of the crime to the beginning of criminal activity, which outwardly resembles preparation or attempt (for example, Articles 209, 277, 295, 317 of the Criminal Code). Robbery, as well as theft of weapons, by robbery for the purpose of stealing someone else's property, is considered completed from the moment of the 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 (clause 6 of the Resolution of the Plenum of the Armed Forces of the Russian Federation of December 27, 2002 N 29).

The question of the moment of the end of crimes that are committed over a long period of time and develop as if from a series independent crimes, i.e. in continuing and continuing crimes, was decided in one of the decisions of the highest court. The beginning of a continuing crime is considered to be 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 action. A continuing crime begins from the moment of commission criminal act(inaction) and ends as a result of the actions of the culprit himself, aimed at stopping the crime, or the occurrence of events that prevent the commission of a crime (for example, authorities intervene) (paragraphs 4, 5 of the Resolution of the 23rd Plenum of the USSR Supreme Court of 03/04/1929).

4. Recognizing a crime as completed affects qualifications, allows it to be distinguished from an unfinished crime, and correctly resolve the issues of applying statute of limitations and amnesty. In accordance with Art. 11 of the Criminal Code, in order to know which law needs to be applied, it is necessary to establish where the crime was committed (finished), i.e. his place. The place of commission (completion) of crimes with a material element will be the place where the criminal consequences occurred, and for crimes with a formal element - the place where the actions specified in the law were committed. If the place of commission (completion) of the crime cannot be determined, then Art. 32 Code of Criminal Procedure.

5. In Part 3 of the commented article, uniformly issue resolved on responsibility for completed and unfinished crimes. According to this norm, liability for an unfinished crime occurs under the article of the Criminal Code, which provides for liability for a completed crime, with reference to Art. 30 CC. The legislative regulation of criminal liability leads to the conclusion that the basis for criminal liability for a completed crime, preparation for a crime and attempted crime is the same, namely the presence of a crime, the signs of which are formulated in the disposition of a specific norm of the Special Part of the Criminal Code. In relation to preparation for a crime and attempted crime, this unfinished composition, the signs of incompleteness of which are indicated in Parts 1 and 3 of Art. 30 CC.

Part 3 of the commented article names the formula for qualifying preparation and attempt - a specific article of the Special Part of the Criminal Code and the corresponding part of Art. 30 CC.

In accordance with Part 1 of Art. 29 of the Criminal Code of the Russian Federation the crime is declared completed if the act committed by a person contains all the elements of a crime provided for by criminal law. Consequently, if at least one of the elements of the crime is absent, then the act cannot be qualified as a completed crime.

Recognition of the existence of a completed crime presupposes establishing the moment from which the end of the crime can be stated. The decisive factor here is the design of the objective side of the composition. If material composition (its design includes consequences), then the end of the crime is linked to the onset of the consequences specified in the disposition of the criminal law norm. For example, murder under Part 1 of Art. 105 of the Criminal Code of the Russian Federation is considered completed upon the death of the victim. The murder of two or more persons (clause “a” of Part 2 of Article 105 of the Criminal Code of the Russian Federation) will be completed if the death is caused to at least two victims.

If formal composition (its design does not include socially dangerous consequences), then the crime will be completed from the moment the actions provided for in the disposition of the criminal law are committed. For example, robbery (Article 162 of the Criminal Code of the Russian Federation) is considered completed from the moment of 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, regardless of whether or not it was possible to take possession of someone else’s property.

Illegal possession of narcotic drugs (Article 228 of the Criminal Code of the Russian Federation) is considered a completed crime from the moment the action begins, but the safety of these drugs is ensured.

If alternative composition, then the crime will be completed from the moment of commission of at least one of the acts provided for in this composition. Thus, the crime provided for in Art. 186 “Manufacture, storage, transportation or sale of counterfeit money or securities” of the Criminal Code of the Russian Federation, will be completed if at least one of the specified actions is completed - production, storage, transportation for the purpose of sale or sale of counterfeit bank notes of the Central Bank of the Russian Federation, metal coins, government securities or other securities in the currency of the Russian Federation or foreign currency or securities in foreign currency.

In theory and practice, it is customary to distinguish end of the crime And moment of completion of the act (sometimes they talk about the legal and actual moments of the end of the crime). The first concept is associated with the establishment of all the signs of composition in the crime. The second is with the actual cessation of socially dangerous encroachment. Legal moment of the end of the crime determines the qualification of the act as a completed crime. The actual moment of the end of the crime is important in determining the time of commission of a crime; the statute of limitations for criminal liability begins to be calculated from it, etc.

In reality, we often have to deal with situations where the legal and actual moments of the end of the crime do not match. Moreover, the elements of some crimes are constructed in such a way that they imply such a discrepancy. For example, illegal possession of weapons will be legally terminated from the moment the actions to ensure its safety begin. But in fact, this crime will continue until the storage of weapons stops. It turns out that the encroachment may still actually continue, but the crime has already ended.

Usually the legal and factual aspects do not coincide in crimes with formal offenses. However, such a discrepancy can also occur in crimes with a material composition.

So, if it was planned to kill three victims, and the death was caused to two, then the completed murder of two or more persons will take place. The fact that the planned plan has not been fully implemented in this situation will not affect criminal legal assessment committed as a completed crime, since the law links the completion of the crime with the death of two victims. Failure to complete your intent does not mean that there is an unfinished crime.

Determining the end of the crime specific type established by interpretation of the criminal law. The latter is often difficult due to the fact that it is necessary to understand the meaning of verbal nouns, with the help of which the signs of an act are formulated. Thus, it is not easy to establish in doctrine and in practice the moment when the involvement of a minor in the commission of a crime ends (Article 150 of the Criminal Code of the Russian Federation). The elements of this crime are formal. In theory one can find different approaches to determine the moment of completion of this crime (committing actions aimed at involving a minor in committing a crime, the emergence of an intent on the part of a minor to commit a crime, the commission of a crime by a minor). The Plenum of the Supreme Court of the Russian Federation, in its no longer valid resolution No. 7 dated February 14, 2000, indicated that “crimes for which liability is provided for in Articles 150 and 151 of the Criminal Code of the Russian Federation are completed from the moment a minor is involved in committing a crime or antisocial action, regardless of whether he committed any of the above illegal actions". However, in the last current resolution The Plenum of the Supreme Court of the Russian Federation dated 02/01/2011 No. 1 changed its position, indicating that the crime, liability for which is provided for in Art. 150 of the Criminal Code of the Russian Federation, is completed from the moment a minor commits a crime, preparation for a crime, attempted crime (clause 42).

It is probably impossible to give general comprehensive recommendations on the interpretation of all elements of crimes provided for in the Criminal Code of the Russian Federation without exception. In relation to certain types of crimes, there are nuances that cannot be resolved in general procedure. In this regard, it is important to know the emerging practice of applying criminal law and the recommendations of the Supreme Court of the Russian Federation.

As a rule, in the decisions of the Plenum of the Supreme Court of the Russian Federation, devoted to the application of criminal law in relation to certain types of crimes, the issues of establishing the moment of completion of the crime are specifically explained. Thus, the resolution of the Plenum of the Supreme Court of the Russian Federation dated December 27, 2002 No. 29 states that “theft and robbery are considered completed if the property is confiscated and the culprit has a real opportunity to use it or dispose of it at his own discretion (for example, to turn the stolen property into his own favor or benefit of other persons, dispose of it for selfish purposes in another way).”

The concept of a completed crime is contained in Part 1 of Art. 29 of the Criminal Code of the Russian Federation, according to which the crime is recognized finished, if the act committed by a person contains all the elements of a crime provided for by the Criminal Code of the Russian Federation.

To determine the completion of a crime, it is necessary to establish in each case the moment of its completion. The end point may depend on the legislative design of the objective side of a particular crime.

Thus, a crime with a material element will be completed in the event of the consequences provided for by law (for example, death due to murder, causing property damage during robbery, etc.). There are two defining features here: the crime is completed only when harm is caused, which is a constructive feature of this composition, and the intent of the perpetrator was aimed at causing precisely this consequence.

A formal crime will be completed from the moment it is committed unlawful act regardless of the onset of public dangerous consequences. Thus, giving a bribe will be considered completed from the moment the official receives at least part of it.

When the objective side of the crime consists of two or more actions, the end point is associated with the completion of the last action. For example, when a person is kidnapped, it is necessary to remove him from the place where he is and move him to another place.

IN certain cases legislator, taking into account the specifics individual trains crimes and, guided by the task of their earliest suppression, transfers the moment of completion to earlier stages of preliminary criminal activity, which are usually considered as preparation or attempt. Compositions designed in this way are called “truncated”. Thus, the creation of an armed group (gang) for the purpose of attacking citizens or organizations (Article 209 of the Criminal Code of the Russian Federation) is completed at the preparation stage.

The theory and practice of criminal law distinguishes the so-called ongoing and ongoing crimes, the end of which has its own characteristics.

A crime is recognized as continuing if it is carried out continuously at the completed stage for an indefinitely long time. This includes, for example, desertion, storage firearms etc. The moment of the end of a continuing crime should be considered the moment of the beginning of a long-term criminal state.

Continuing crimes include crimes consisting of a number of identical or homogeneous actions aimed at the same object, united by a common intent and in their totality forming one crime. This is, for example, torture, some cases of theft of other people's property, etc. Such crimes are considered completed from the moment of committing the last, and not the first, of those actions that were covered by the intention of the subject.

When constructing crimes with an alternative composition, the legislator uses the method of listing a number of objects, actions, consequences, methods that form their composition. The peculiarity of these crimes is that the establishment of each of the signs specified in the disposition of the article is in itself sufficient to recognize the crime as completed.

For example, the crime specified in Art. 228 of the Criminal Code of the Russian Federation “Illegal acquisition, storage, transportation, manufacture, processing of narcotic drugs, psychotropic substances or their analogues, as well as illegal acquisition, storage, transportation of plants containing narcotic drugs or psychotropic substances, or their parts containing narcotic drugs or psychotropic substances“will be considered completed when at least one of the above acts is performed with at least one of the objects, for example, in the manufacture of narcotic drugs.

There are crimes that the legislator recognizes as completed from the moment the threat of a result is created (for example, Article 119 of the Criminal Code of the Russian Federation establishes criminal liability for threats to kill or cause grievous harm health).

in accordance with Russian criminal law (Article 29 of the Criminal Code of the Russian Federation), a crime is considered completed if the act committed by a person contains all the elements of a crime provided for by the Criminal Code of the Russian Federation.

Excellent definition

Incomplete definition ↓

CRIME FINISHED

defined in Part 1 of Art. 29 of the Criminal Code of the Russian Federation and is one of the stages of committing intentional crime. A crime is considered completed if the act committed by a person contains all the elements of a crime provided for by a specific norm of the Special Part of the Criminal Code of the Russian Federation. The moment of the legal completion of a crime does not depend on the person’s subjective idea of ​​the completion of the crime. The moment of the end of the crime is determined by differentiation for crimes with material, formal and truncated crimes. Crimes with material compositions ended only with the onset of specific criminal consequences included in the objective side of the composition (for example, the occurrence of death during murder, Article 105 of the Criminal Code of the Russian Federation). Crimes with formal elements are considered completed at the moment of commission provided by law actions or from the moment of inaction; consequences are possible, but they are not covered by the crime (for example, libel, insult, Articles 129, 130 of the Criminal Code of the Russian Federation). Crimes with truncated elements are completed at the moment of the beginning of the assault (for example, robbery from the beginning of an attack for the purpose of theft, Art. 162 of the Criminal Code of the Russian Federation) or at even earlier stages (for example, ended from the moment of implementation organizational activities aimed at committing serious and especially serious crimes, crimes provided for in Art. 208, 209, 210, 239 of the Criminal Code of the Russian Federation).