Formal elements of the crime. Question Concept of crime

Socially dangerous acts have always been, are and will be the most extreme limit of human cruelty. Such actions by an individual not only break all the foundations that have developed in society over the past decades, but also cross out any moral principles. In spiritual terms, socially dangerous acts or crimes, as they are commonly called, have quite a strong impact on the victims and the persons who commit them.

In order to ensure punishment for criminal activity, the criminal branch of law was created. Today it is the most dynamic in terms of deriving all kinds of theories, concepts and studying violations of the law from the point of view of law. In the process of developing fundamental scientific knowledge, people have learned to distinguish crimes depending on those constituent elements that are present in any socially dangerous act. In this case, we are talking about the corpus delicti as the main condition for its existence. Few people know that the compositions differ from each other. Their specific types, namely material and formal, will be discussed later in the article.

What is the corpus delicti?

The corpus delicti is a criminal legal category. It is presented in the form of a set of objective and subjective characteristics that determine the essence of a socially dangerous act. The mentioned signs are enshrined in the industry normative act - the Criminal Code of the Russian Federation. As a rule, they exist in various rules of law of the Special and General Parts of the Code. Conventionally, all signs can be divided depending on their belonging to one or another element of a socially dangerous act, namely: signs of the subject, object, subjective and objective sides.

The meaning of the signs of a crime

When absolutely all the signs of a crime (composition) are identified in the committed act, then it can be considered socially dangerous. In addition, the presence of a crime is a direct reason for bringing the person who committed the crime to criminal liability. In this case, it is thanks to the composition that one of the many socially dangerous acts presented in the Special Part of the Criminal Code of the Russian Federation will be identified. It should be noted that in the absence of at least one of the elements of the composition, the act cannot be recognized as a crime.

History of the crime

It should be noted that the formal and material elements of the crime, or rather the theory of their existence, arose relatively recently. The very concept of “corpus delicti” has a long history. The first mention of this legal category dates back to the end of the 19th – beginning of the 20th century. But the corpus delicti of that time was significantly different from its interpretation today. For example, the evidence of the crime itself (a corpse, traces of penetration, if a theft occurred, etc.) was considered a crime.
In fact, the composition of a socially dangerous act in this form was a procedural category. Later, the term migrated to criminal law, where it acquired a doctrinal form. In many states the composition has a completely different form. In the countries of the Anglo-Saxon legal family there is no such category as the composition of a socially dangerous act. As for the Russian Federation, the existence of such a structure of signs of a socially dangerous act is not enshrined at the legislative level. They, so to speak, proceed from criminal law norms, if they are analyzed in detail.

Elements of the crime

To differentiate the formal and material elements of a crime, it is necessary to know the elements of the presented legal category. Today in the criminal law of the Russian Federation the following elements of the composition are distinguished, namely:

1. Object of crime. In essence, these are the legal relations that are encroached upon by a person committing a socially dangerous act. In some cases, an additional feature may be the subject of the crime. Unlike an object, no encroachment occurs on an object; it actually exists.
2. The objective side is characterized by the presence of a socially dangerous act and the causal relationship between it and the consequences. You can also highlight optional features, such as time, place, circumstances, etc.
3. The subject of the crime must meet certain criteria. First of all, this must be a sane individual aged 16 years or older.
4. The subjective side is guilt. As a rule, this criterion is manifested in intent or negligence.

Thus, based on the presented criteria and their optional aspects, it is quite possible to distinguish several types of crime.

Material, formal and truncated elements of the crime: differentiation criteria

Thanks to the identification of the presented elements in the practical use of criminal law, it is possible to determine several factual circumstances of a specific life event. In other words, thanks to these compounds, socially dangerous acts are differentiated depending on their prototype in reality, and not on the pages of the Criminal Code of the Russian Federation. The formal, material and truncated elements of the crime make it possible to determine the moment at which the crime ends, as well as the presence of socially dangerous consequences and their importance. But here you need to carefully approach the interpretation of each individual case, because the formal elements of the crime differ significantly from the material ones.

Features of the material elements of the crime

It should be noted that the material composition is distinguished based on the occurrence of socially dangerous consequences of the objective side of a socially dangerous act. Thus, it will be considered criminal only in cases where it causes any consequences, in other words, it affects human life. It follows that in such compositions an important role is played not only by the main sign of the objective side, a socially dangerous act, but also by the optional sign - negative consequences, harm. An example of such a crime is murder. In this composition, a special role is played by the consequence (death of an individual). Only with the onset of this consequence can we speak of the presence of a socially dangerous act.

Formal elements of the crime

Socially dangerous acts with a formal composition have a significant difference from those where a socially dangerous act plays a key role. The formal corpus delicti of a crime is a socially dangerous act that is considered completed from the moment it is committed. It should be noted that in this case the presence of consequences does not play a special role, because they are not needed to legally qualify the act as a crime. Some scientists believe that a completed crime with a formal composition is nonsense, but such a statement is extremely erroneous. There are no consequences for such acts, but the crime itself harms the moral foundations of society that have been formed over a long time. In addition to this, the objective side of formal crimes is fully fulfilled, so they are considered completed.

Main features of formal composition

Considering the fact that the Criminal Code of the Russian Federation contains many more crimes with a formal composition than with a material one, it is necessary to highlight the main features of such crimes. It should be noted that criminal law very often contains conditions under which crimes can exist both with and without consequences. Thus, the legislator allows for the existence of several elements of crime in specific life cases. It follows that there are the following basic signs of a formal crime:

1. Consequences are not required.
2. A crime is considered committed from the moment a socially dangerous act is performed.
3. In some cases, there may be socially dangerous consequences.
4. The objective side is fully satisfied.

Of course, some theorists of criminal law highlight other aspects of this composition, but those presented above are the most classic. Very often, a truncated type of composition is identified, which is quite similar to the formal composition of the crime. The Russian Federation, represented by the legislator, does not give any interpretation, however, crimes that can be called committed already at the stage of preparation for them are considered truncated.

Conclusion

So, in the article we examined the formal and material elements of the crime that currently exist in the criminal law of the Russian Federation. Also, based on other criteria, other compounds are distinguished, each of which characterizes this or that socially dangerous act in its own way.

For a very long time, many specialists have been using such a concept as corpus delicti in their practical activities. But this concept was not enshrined in criminal law. Now it is enshrined as the only element of criminal liability. But it is worth saying that an exact decoding or definition is not given in the Criminal Code of the Russian Federation. But such a branch as the theory of criminal law gave a precise concept to this term.

Definition

The corpus delicti (CR) are the subjective and objective signs of the committed act as a whole, which are provided for both in the disposition and in the hypothesis of the norm of criminal law.

These signs characterize a certain dangerous act in the form of a crime.

The crime includes 4 subsystems:

Each of the categories provides compelling reasons for the case to be considered under criminal liability. Criminal liability does not occur if at least one element that would be included in the (SP) was not found. An example would be the following factor: a crime was committed by a person who is in an insane state. There is no criminal liability.

If we consider the Criminal Code of the Russian Federation, it says that the basis for criminal liability is an already committed act, which can reflect the signs of a crime. These signs can be seen in the Criminal Code.

It is very important to know how the concept of crime and corpus delicti relate. Composition is understood as a model contained in the law of a certain type of crime described in parts of the articles of the law. The articles of the Criminal Code prescribe situations that are as close to life as possible. All principles are based on adequate emerging social relations.

On video SP in criminal law:

If you go deeper into history, you can find the following. Karl Marx equated the legislator and the natural scientist to one principle. That is, he said that the legislator simply formulates laws, but does not issue them.

Criminal liability is inevitable when there is a crime. Thanks to (SP), it is possible to separate one crime from another. So the law has a clear description of such concepts as robbery and litigation. As a result, one act is different from another. Now let's talk more about the elements of the crime.

Elements

These elements include 4 subsystems (SP).

1. An object- These are relationships in society that are protected by law. Also, the law protects all interests and benefits. In this case, it is very important to separate the concepts of object and subject of the crime. For example, a theft has been committed. Property that has been stolen is the subject of a crime. is a property relationship. The object of a crime has its own classification. An object can be general, specific, generic or immediate. By common we mean the common relationships and interests of all people. A generic object is a group of relationships in society that are interconnected. And crimes, by their nature, are legally connected. The specific object implies division into chapters of the Criminal Code of the Russian Federation. Example: one chapter includes crimes that infringe on human health. - assault on life. Direct object - occurs when there is an encroachment on a certain benefit, relationship or property.
2. – arises as a result of the commission of an act, the external side is observed. A person can see this objective side. In this case, an example is that a hooligan commits an attack, breaks into a home, and the like.
3. Subjective side- the mental component of a person when he commits a crime. The subjective side includes guilt, motive, and purpose. If one of these components is missing, then it means there is no subjective side. But guilt is a necessary element. Guilt is a state that a person experiences for an act committed. When a person can be responsible for his actions, gives an account of his actions, then the person can be found guilty.
4. Subject. This concept can be given several definitions. This is what one of them sounds like: signs that characterize a person who has committed a crime or a socially dangerous act. These signs allow a person to be prosecuted in a criminal case. Subjects are divided into 2 categories: special and general. Special include those features that are not typical for all other subjects. General - includes characteristics that can be applied to all subjects.

On video elements of joint ventures in criminal law:

Signs

By signs (SP) we need to understand those circumstances that arise during the commission of an act. These signs are enshrined in law. One criminal act can be distinguished from each other using the signs under consideration.

If we talk about the general composition of the crime, they are divided into optional and basic or mandatory. The first group includes those signs that will be characteristic of a particular crime. For other crimes they will be insignificant. The main signs exist without fail in the elements of crimes.

According to their specificity, signs are divided into evaluative and formally defined. The last group is fixed in the paragraphs of the law. An example is intentionally causing the death of another person.

Evaluative signs - they may appear in the process of making a decision on the case under investigation. Example: assessment of murder with extreme cruelty. The legal administrator is capable of assessing the situation himself. But in this situation, the law remains unshakable; its structure cannot be changed with the help of evaluative signs.

On video signs of joint venture in criminal law:

In turn, signs can be constant and variable. Permanent signs cannot change their state when the law exists. Variables – can change when the law is in effect. But at the same time, the entire text of the written law cannot be changed.

By nature, signs are nominative and descriptive. The first group is part of the law, but there they are not disclosed as concepts. Descriptive features include enumeration, description of the concept and type of activity.

By their logical nature, signs can be positive and negative or negative and positive. If we talk about all the meanings of signs, then they occupy an important place. When all the signs are present, it is possible to identify the crime. If one sign is missing, then criminal liability for the act cannot occur.

Adjacent composition

Features that have homogeneous structures, and most of the features must match. A related offense may include fraud and theft, when a certain thing served as the stolen item.

In relation to the method of stealing the item, the composition that is characteristic of either theft or fraud will be determined.

In general, the concept of an adjacent composition is a rather difficult substance. In order to correctly divide or delimit acts, you need to have a whole range of knowledge.

We can consider the related composition using the example of environmental management, the wrong attitude towards which leads to criminal liability. Illegal transactions with land are classified as related offenses, terrorism, and violation of safety rules for certain types of work. These works may include work at explosive sites.

Truncated composition

A truncated composition is one that is considered completed even without the occurrence of a subsequent criminal result.

It is also not necessary to complete actions that may entail consequences. The final stage of criminal activity is the onset of consequences after the crime has been committed. But every rule has exceptions.

Therefore, the legislator can postpone the end date to an earlier date. These deadlines can occur at the stage of either execution or preparation. Therefore, the corpus delicti was called truncated.

Those who support such a system believe that they can thus prevent the occurrence of more dangerous acts. When the legislator makes a decision at the preparation stage, when no harm has been caused to human health, he prevents the onset of more serious consequences. At this stage, the legislator proves the presence of malicious intent and the occurrence of a criminal result.

It is important to know and understand that criminal law is closely related to civil claims that may be brought during the criminal process. So, in order to know and understand what types of limitation periods exist in civil law, it is worth reading this

It is very important that truncated elements of crime, according to supporters of this theory, help preserve human life, health and property. And the person who wanted to commit malicious intent is punished at the earliest stage of the crime.

• What constitutes a crime from the point of view of the Criminal Code?
• The importance of signs of violation of the law.
• The main elements of a criminal operation.
• Material composition of the illegal act.
• Signs of a formal criminal composition.

The composition of a crime committed against a person or the entire society is a criminal legal category of research of the Criminal Code of the Russian Federation.

In legal terms, the composition is presented as a combination of several subjective and objective characteristic features. They define the essence of a recorded social act dangerous to humanity.

Without exception, all signs of a committed criminal act are enshrined in a special act and distributed by industry in the modern Criminal Code of the Russian Federation. The characteristic features are described in different forms of law, part of the general and special part of the Code adopted in the UP.

The characteristic signs of a criminal act can be divided among themselves according to their direct affiliation with a specific element of an act dangerous to society. The following signs of any committed criminal violation of the law are noted:

• An object;
• Subject;
• Objective side;
• Subjective side.

The significance of characteristic signs of a violation

If the illegality has identified all the signs of a crime required for consideration, if the elements of the violation have been identified, it is recognized as dangerous to society and the perpetrator is punished accordingly.

The presence of a crime is a direct and indisputable reason for bringing a person to the police and bringing him to legal criminal liability. Thanks to the identified composition of the recorded violation, it can be identified as quite dangerous, designated in a special part of the modern criminal and penal code of the Russian Federation.

If a recorded violation lacks at least one of the elements of the general criminal offense, it cannot be considered punishable.

Elements of criminal composition

To determine the formal or material composition of a violation of the law, it is necessary to know the basic elements of the modern legal industry. At the moment, the Criminal Code of the Russian Federation identifies the following elements of the committed violation:

1. The object of each punishable crime committed is a special form of legal relations that the criminal person encroaches on. In certain situations, an additional sign is the subject of a violation of the law. Usually no one encroaches on it, unlike the object. He is actually present.
2. The objective side is distinguished by the presence of an act dangerous to society, the presence of a cause and automatically resulting results. It is here that special optional signs of violation appear - territorial location, period, down to hours, motives and general circumstances.
3. The subject of the violation is a capable, sane person, aged over 18, and in some cases over 16 years.
4. A special subjective side is the fact and level of a person’s guilt. This criterion is manifested in the presence of prior intent on the part of the offender. Sometimes this includes an action performed due to negligence.

Based on the listed criteria, it is possible to easily identify several categories of possible criminal offenses.

Three types of criminal composition

There are three types of recorded crime:

• Material;
• Formal;
• Truncated.

Such compositions make it possible to differentiate a dangerous action from its prototype in everyday life, and not in theory on the pages of the Criminal Code.

Material, formal and truncated criminal offenses make it possible to determine the exact time of completion of the violation, the presence of extremely negative consequences and the level of their significance.

At this stage, it is important to interpret each criminal case very carefully. It is worth understanding that the material composition of a criminal act differs in many respects from the formal one.

A violation will be criminal and require punishment when it causes certain negative consequences, that is, when it has an adverse effect on the life of another person.

In the compositions, the main role is given not only to the main feature of the existing objective side or the most dangerous operation, but also to the optional one, where it has the form of harm caused to the subject in the form of rapidly developing negative consequences.

An example of this form of violation of the law is the murder of a person. Here the main role is given to the consequence, that is, the occurrence of death. Only with such a result will the act be recorded and punished as dangerous for modern society and very strictly punishable.

Acts that are dangerous to modern society and people, having a formal composition, are seriously different from those where the key role is assigned to an act that is negative from a social point of view.

The formal composition of the committed violation is an action dangerous for people or for a specific person, which is completely completed from the time of its implementation.

The presence of consequences does not play any role here. They are completely unimportant for carrying out official legal qualifications. Some experts note that a completely completed criminal act with a formal composition is impossible. But this statement is incorrect.

Yes, there are no consequences for such manipulations, but the committed illegal act still carries some harm to the moral requirements of modern society, which have been developing for many years. In addition, the objective side of an illegal action committed with a formal element is completed, and accordingly is completed.

Signs of a formal crime

In the Russian Criminal Code, there are significantly more criminal actions with a formal composition than with a material one. It is for this reason that it is worth paying attention to the signs of such crimes. Here are a few main ones:

1. The presence of consequences is not required. It is typical only for some situations.
2. A criminal act is considered committed from the time of the execution of an act dangerous to society.
3. Fully completed objective side.
4. There are other signs of a formal criminal act.

In modern UE, a special truncated type of composition is distinguished. It is practically similar to the formal one, therefore it does not have a specific interpretation in the legislation. Truncated violations are those that can be classified as committed during training.

Conclusion

• The corpus delicti is a specialized criminal and legal category;
• If an illegal action has identified all the criteria required for investigation, that is, the elements of a violation have been identified, it is recognized as dangerous and punishable;
• The material, formal and truncated composition of a criminal act makes it possible to determine the exact time of its completion, the onset of consequences dangerous to humans and society and the level of their significance;
• The material composition of the violation of the law stands out against the background of the onset of negative consequences;
• The formal composition of a committed criminal act is an action dangerous for a person or for society, which is completely completed from the moment it begins.

Method of describing the crime, according to which simple and complex are distinguished.

Simple the composition includes the characteristics of one object, one act, entailing one consequence, one form of guilt. For example, the theft of someone else's property: the object is property, the objective side is the unlawful, gratuitous, secret seizure of someone else's property causing damage to the owner; the subjective side is intent. Complex composition is characterized by the fact that it includes either two objects of assault (robbery - Article 162 of the Criminal Code), or several acts (mass riots - Article 212 of the Criminal Code), or several consequences (taking a hostage, if this resulted in the death of a person through negligence or other grave consequences ), or two forms of guilt (part 4 of article 111 - intentional infliction of grievous bodily harm, resulting in the death of the victim through negligence). It should be borne in mind that, despite such a complex structure, we are talking about the same composition, and the act should be qualified according to one norm of the Criminal Code of the Russian Federation.

11. Material, formal and truncated elements of crimes.

By design and the number of mandatory characteristics related to the objective side of the act, the elements of crimes are divided into material, formal and truncated. If a composition indicates or assumes a socially dangerous consequence as a mandatory feature, such a composition is called material. Thus, as part of negligence without aggravating circumstances (Part 1 of Article 293 of the Criminal Code), it is required to establish as a criminal consequence the infliction of major damage or a significant violation of the rights and legitimate interests of citizens or organizations or legally protected interests of society or the state; in aggravating circumstances (Part 2 of Article 293 of the Criminal Code) - negligent infliction of serious harm to health or death of a person; under especially aggravating circumstances (Part 3 of Article 293 of the Criminal Code) - causing death by negligence to two or more persons.

IN formal compositions do not indicate specific consequences; for such compositions, it is sufficient to commit the action (inaction) provided for in the article of the Criminal Code. The consequences of such offenses lie outside the scope of the crime and, if they occur, are taken into account when assigning punishment, as well as in other cases specified by law. These include, for example, the offense of obstructing the exercise of electoral rights or the work of election commissions (Article 141 of the Criminal Code).

A variety of formal compositions are the so-called truncated compositions when the end of a criminal act is transferred by law to an earlier stage of its commission. Thus, the offense of robbery (Article 162 of the Criminal Code) is formulated as 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 using such violence. Robbery is recognized as a completed crime from the moment of an attack committed with the use of violence dangerous to life or health, or from the moment of the threat of such violence. The end of this crime has been moved to the stage of the attempt, when the illegal seizure of someone else’s property has not yet taken place.

Based on design features, crimes are differentiated into three types: 1) material; 2) formal; 3) truncated. Material is a crime that includes the consequence provided for in the article of the Special Part of the Criminal Code (for example, the corpus delicti provided for in Articles 105, 111 of the Criminal Code of the Russian Federation). A crime with such elements is considered completed from the moment the consequences specified in the law occur. Formal is a crime that includes only the act and does not contain consequences (for example, the crimes provided for in Article 123 - abortion by a person who does not have a higher medical education, 213 of the Criminal Code - hooliganism - gross violation of public order). A crime with such elements is completed from the moment the act is committed, regardless of the actual consequences. Truncated is a crime in which the act is of a narrowed nature, having been transferred to an early stage corresponding to the preparation for a crime (for example, the corpus delicti provided for in Article 209 - banditry, 210 - organization of a criminal community) or attempted crime (for example, elements of crimes provided for in Articles 162, 163 of the Criminal Code of the Russian Federation). A crime with a truncated composition is considered completed from the moment of commission of part of the act (acts) established by the article of the Special Part of this Criminal Code. In the theory of criminal law, there is no consensus on this issue. Some scientists argue that a truncated corpus delicti is possible only at the stage of preparation for a crime, while others argue that a formal corpus delicti is possible both at the stage of preparation and at the stage of attempted crime.

1.According to the degree of public danger of the criminal act allocate

§ basic (simple)

§ privileged

§ skilled

§ especially qualified crimes :

§ Basic (simple) crime characterized by the absence of aggravating and mitigating circumstances (for example, murder provided for in Part 1 of Article 105 of the Criminal Code of the Russian Federation). The main elements of the crime reflect the essence of the crime, which always manifests itself when committing crimes of this type.

§ Privileged Corpus delicti includes mitigating circumstances. For example, the privileged elements of murder provided for in Art. 106 of the Criminal Code of the Russian Federation “Murder of a newborn child by a mother”, Art. 107 of the Criminal Code of the Russian Federation “Murder committed in a state of passion.”

§ Skilled Corpus delicti includes aggravating circumstances that increase the social danger of the crime committed and entail a more severe punishment. For example, qualified elements of murder are provided for in Part 2 of Art. 105 of the Criminal Code of the Russian Federation “Murder”. Thus, the commission of a murder by a group of persons (clause “g” of Part 2 of Article 105 of the Criminal Code of the Russian Federation), in contrast to the simple corpus delicti of murder (Part 1 of Article 105 of the Criminal Code of the Russian Federation), is characterized by the combination of efforts of co-perpetrators, which leads to the derogation of the victim’s ability to protect his life.

§ Particularly qualified Corpus delicti includes particularly aggravating circumstances that increase the social danger of the crime to a greater extent in comparison with the qualifying elements of the crime and entail a more severe punishment. For example, especially qualified compounds are provided for in Parts 3, 4 of Article 111 of the Criminal Code of the Russian Federation “Intentional infliction of grievous harm to health”, Part 3 of Art. 162 of the Criminal Code of the Russian Federation “Robbery”.

2.According to the method of legislative description compositions are distinguished:

§ simple

§ complex

§ Simple Corpus delicti characterized by the fact that all elements are quantitatively expressed once (one object, one action, one consequence, etc.), and the objective side of the crime is not extended in time and space.

As an example, we can cite the compositions provided for in Art. 105 of the Criminal Code of the Russian Federation “Murder”, Art. 158 of the Criminal Code of the Russian Federation “Theft”, etc.

§ Difficult Corpus delicti characterized by the fact that it contains either two homogeneous elements, or the compositions are composed of two or more simple compositions, or the objective side of the crime is extended in time and space.

The varieties of complex composition are the following:

o composite compounds

o compositions with doubled elements

o ongoing crimes

o ongoing crimes

o Composite compound consists of simpler compounds, which in a complex composition lose their independent criminal legal significance. For example, riots include violence, pogroms, arson, destruction of property, use of firearms, etc.

(Article 212 of the Criminal Code of the Russian Federation).

o Compound with doubled elements, which is formed when additional acts or consequences of their commission are included in the objective side of the crime and can be of several types:

– consist of heterogeneous actions;

– consist of two homogeneous actions;

– include signs of alternative actions;

An example of a composition with doubled elements is a composition with additional grave consequences and two forms of guilt (in case of intentional infliction of serious harm to health, resulting in the death of the victim through negligence (Part 4 of Article 111 of the Criminal Code of the Russian Federation). Formulations with alternative actions as a type of composition with doubled elements are considered carried out when one or another action specified by law is committed. For example, the offense of banditry (Article 209 of the Criminal Code of the Russian Federation) can be fulfilled by creating an armed gang, leading it, participating in such a gang or in attacks committed by it.

o Compound ongoing crime characterized by the extension of the objective side in time and space. In general terms, a continuing crime is described in paragraph 2 of the Resolution of the Plenum of the Supreme Court of the USSR of March 4, 1929 “On the conditions for the application of limitation and amnesty to ongoing and continuing crimes”: “... continuous crimes, that is, crimes consisting of a number of identical criminal actions directed towards a common goal and collectively constituting a single crime.” and in paragraph 16 of 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”, where it is noted that “...continued theft, consisting of a number of identical criminal acts committed by seizure of someone else's property from the same source, united by a single intent and collectively constituting a single crime.” These resolutions indicate that a continuing crime consists of a number of identical criminal acts (for example, thefts are committed in one way); these actions are directed towards a common goal and are covered by a single intention; These actions together constitute a single crime. The identified features of a continuing crime require clarification.

Firstly, the ongoing crime can be not only intentional, but also careless. For example, an official does not perform or improperly performs his duties for a long time due to dishonest or negligent attitude towards service. All these acts of criminal actions or inactions are covered by a single subjective side in the form of negligence and form a single crime - negligence (Article 293 of the Criminal Code of the Russian Federation). Secondly, the objective side of a continuing crime consists of several legally (not factually) identical (for example, two or more thefts) or homogeneous (theft and robbery, for example, when committing theft of objects of special value, provided for in Article 164 of the Criminal Code of the Russian Federation) acts of criminal action or omission. Thirdly, each of these acts can receive an independent legal assessment, that is, contain signs of a crime or an administrative offense. As an example, we can cite Part 1 of Art. 180 of the Criminal Code of the Russian Federation “Illegal use of a trademark”, which provides for criminal liability only in case of repeated illegal use of someone else’s trademark, service mark, appellation of origin of goods or similar designations for homogeneous goods or causing major damage. Fourthly, there is a gap in time between these acts of action or inaction. Fifthly, all acts of action or inaction were committed by the same subject of the crime. Sixthly, all acts of action or inaction are covered by a single subjective side. If the crime is intentional, the general goal and intent to commit the entire act is formed immediately and can only be specified before each individual act. The time of completion of a crime is the moment of commission of the last act of action or inaction included in a single continuing crime. Seventh, all acts of action or inaction are qualified under one article or part of an article of the Criminal Code of the Russian Federation.

o Compound ongoing crime just as the composition of a continuing crime is characterized by the extension of the objective side in time and space. The general characteristics of a continuing crime are given in paragraphs.

1-4 Resolutions of the Plenum of the Supreme Court of the USSR of March 4, 1929 “On the conditions for applying statute of limitations and amnesty to ongoing and continuing crimes.” It notes that a continuing crime is characterized by the continuous implementation of a criminal act. This crime begins with some criminal act or with an act of criminal inaction and ends as a result of the action of the guilty person himself, aimed at stopping the crime, or the occurrence of events that prevent the commission of the crime.

Consequently, a continuing crime can be defined as an action or inaction associated with a subsequent long-term criminally unlawful failure to fulfill the duties assigned to the offender by law, under the threat of criminal punishment. It should be added that the signs of this crime are provided for in one article or part of an article of the Criminal Code of the Russian Federation. Some similarity between a continuing crime and a continuing crime does not exclude the differences between them. Firstly, in the objective side of a continuing crime there are no breaks in time. Secondly, from the moment of commission of a criminal act of action or inaction, a continuing crime exists at the stage of a completed crime.

3.Construction of the objective side of the crime crimes are conventionally divided into

§ material

§ formal

§ truncated .

In turn, the legislator makes the legal termination of a crime dependent on the specific consequences that a particular crime entails.

§ MaterialCorpus delicti characterized by the fact that the crime is legally considered completed from the moment of the onset of socially dangerous consequences specified in a specific article of the Special Part of the Criminal Code of the Russian Federation. For example, in part 1 of the note to Art. 158 of the Criminal Code of the Russian Federation, theft is understood as the illegal gratuitous seizure and (or) circulation of someone else's property for the benefit of the perpetrator or other persons, committed for mercenary purposes, causing damage to the owner or other holder of this property. The legislator resorts to the construction of material elements of crimes in cases where some type of crime causes harm, which can be relatively clearly recorded, assessed and determined by the justice authorities in each specific case (usually property or physical harm).

§ Formal Corpus delicti characterized by the fact that the crime is considered legally completed from the moment of commission of the act specified in a specific article of the Special Part of the Criminal Code of the Russian Federation, regardless of the occurrence of socially dangerous consequences. For example, a crime under Art.

228 of the Criminal Code of the Russian Federation is considered completed from the moment the actions specified therein are committed (illegal acquisition, storage, transportation, manufacture, processing of narcotic drugs, psychotropic substances or their analogues) regardless of the occurrence of harm to the health of at least one person. The legislator resorts to the construction of formal crimes in cases where some type of crime causes harm that cannot be clearly recorded, defined and assessed in each specific case by the justice authorities. The legislator does not include this harm in the article of the Special Part of the Criminal Code of the Russian Federation and gives a standard assessment of this harm by indicating the type and amount of punishment, without requiring proof of this harm separately from the act itself.

§ Truncated Corpus delicti is characterized by the fact that in the article of the Special Part of the Criminal Code of the Russian Federation the moment of the end of the crime is moved to an earlier stage of development of criminal activity: to the stage of creating conditions for the commission of crimes (for example, when planning an aggressive war - Article 353 of the Criminal Code of the Russian Federation) or to the stage of committing an action or inaction , directly aimed at committing a crime (for example, in an attack on the life of a law enforcement officer - Article 317 of the Criminal Code of the Russian Federation). To recognize a crime as completed, the composition of which is truncated by design, not only the occurrence of criminal consequences is not required, but also the completion of actions that can cause such consequences.

The legislator resorts to the construction of truncated crimes in cases where the socially dangerous consequences of the crime are expressed in the creation of a threat of harm to public relations. Thus, the difference between these crimes lies in the peculiarities of constructing the disposition of criminal law norms, and not in the fact that some crimes entail socially dangerous consequences, while others do not.

In conclusion, it should be noted that in order to understand the structure of the objective side of the crime, the grammatical interpretation of the criminal law norm is important. Thus, the corpus delicti provided for in Part 1 of Art. 105 of the Criminal Code of the Russian Federation “Murder”, is material due to the lexical meaning of the phrase: “murder... causing the death of another person.” In other words, as long as another person is not deprived of life, there is no completed crime under this article. Formal compositions indicate only the commission of an act that does not imply the occurrence of an objectively expressed consequence. Truncated crimes are formulated by indicating such acts as “encroachment”, “attack”, etc., which, due to their etymological meaning, are completed at the moment they begin to be committed.

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Corpus delicti Object of the crime Subjective side signs of the subject formal and material. Formal Material compositions- these are compounds in the objective side of which the legislator included as mandatory characteristics not only the act, but also its socially dangerous consequences. The consequences can be directly indicated by their nature (for example, serious harm to health, property damage, etc.), or they can be characterized in terms of severity (significant harm to the rights and legitimate interests of citizens). Thus, the objective side of crimes with a material composition is characterized by three mandatory features: an act (action or inaction), a socially dangerous consequence and a causal relationship between the unlawful act and its socially dangerous consequences. Such crimes are considered completed at the moment the consequences occur. Consequently, the type of corpus delicti helps to distinguish a completed crime from an unfinished one: the commission of an act described in the law without the occurrence of the consequences provided for by law means an attempted crime, while the performance of all actions that form the objective side of a crime with a formal corpus delicti means a completed crime. Crimes with a material element are murder, causing harm to health, theft in any form except robbery, water pollution, etc. The corpus delicti, which alternatively contains signs of the objective side, is inherent in the formal and material composition and is called formal-material (Part 1 of Art. 258 of the Criminal Code - illegal hunting. A truncated corpus delicti is considered to be a type of formal crime, which indicates the recognition of the crime as completed at the stage of preliminary criminal behavior of Art. 209 of the Criminal Code - banditry.

Related information:

1. G) Who committed the crime
2. Ticket 37.

   Question No. 1. Causing harm during the detention of a person who has committed a crime. Conditions for the legality of causing such harm

3. In the intentional infliction of grievous bodily harm in excess of the measures necessary to detain the person who committed the crime (Part 2 of Article 114 of the Criminal Code of the Russian Federation), such excess is considered

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Crime with material and formal elements

Corpus delicti is a set of objective and subjective characteristics enshrined in criminal law, which together define a socially dangerous act as a crime. The elements of a crime are enshrined in the norms of the general and special parts of criminal law. They can be divided into four subsystems: signs of the object, the subject, the objective and subjective side of the crime. The presence in an act of all the signs of a certain crime is the basis for recognizing it as criminal and bringing the person who committed it to criminal liability; the absence of at least one of them means that the corpus delicti as a whole is absent, and the act is recognized as non-criminal. Object of the crime- these are social relations, interests and benefits protected by criminal law, which are violated by criminal encroachment. The objective side of a crime is its external expression in reality and includes signs related to the criminal act itself: characteristics of actions and inactions, their external attributes (place, method, time, setting, tools and means used), as well as characteristics of harmful consequences caused by the crime. Subjective side includes signs characterizing the internal mental attitude of the person who committed the crime to a socially dangerous act and its consequences, incentives, goals that he wanted to achieve by violating the criminal law, etc. Finally, signs of the subject characterize criminally significant properties inherent in the person who committed the crime: age, mental health, gender, official position, etc. According to the design of the objective side, i.e. according to the method of its legislative description, crimes are divided into formal and material. Formal These are the elements of crimes, the objective side of which in the law is characterized by using only one mandatory feature - an act (action or inaction). Such offenses include torture (Article 117 of the Criminal Code), leaving in danger (Article 125 of the Criminal Code), extortion (Article 163 of the Criminal Code), etc. They are completed crimes at the time of commission of the act described in the law, and socially dangerous consequences lie beyond the objective side and the qualification of the crime do not affect (although they are taken into account when assigning punishment). Material compositions- these are compounds in the objective side of which the legislator included as mandatory characteristics not only the act, but also its socially dangerous consequences. The consequences can be directly indicated by their nature (for example, serious harm to health, property damage, etc.), or they can be characterized in terms of severity (significant harm to the rights and legitimate interests of citizens). Thus, the objective side of crimes with a material composition is characterized by three mandatory features: an act (action or inaction), a socially dangerous consequence and a causal relationship between the unlawful act and its socially dangerous consequences. Such crimes are considered completed at the moment the consequences occur. Consequently, the type of corpus delicti helps to distinguish a completed crime from an unfinished one: the commission of an act described in the law without the occurrence of the consequences provided for by law means an attempted crime, while the performance of all actions that form the objective side of a crime with a formal corpus delicti means a completed crime.

Crimes with a material element are murder, causing harm to health, theft in any form except robbery, water pollution, etc. The corpus delicti, which alternatively contains signs of the objective side, is inherent in the formal and material composition and is called formal-material (Part 1 of Art. 258 of the Criminal Code - illegal hunting. A truncated corpus delicti is considered to be a type of formal crime, which indicates the recognition of the crime as completed at the stage of preliminary criminal behavior of Art. 209 of the Criminal Code - banditry.

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1. G) Who committed the crime
2. V2: Topic 10. Unfinished Crime
3. A) at least one third of the sentence imposed for a crime of minor or medium gravity;
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5. Amnesty. Pardon. Criminal record. A person convicted of a particularly serious crime is released from serving his sentence if the court's conviction was not carried out in accordance with the law.
6. Ticket 37. Question No. 1. Causing harm during the detention of a person who has committed a crime. Conditions for the legality of causing such harm
7. Was there a crime in the actions of Karaulov and Shemakhin? Is it possible to recognize Karaulov and Shemakhin as accomplices in the crime?
8. In the field of extradition of a person who has committed a crime for criminal prosecution or execution of a sentence
9. In the intentional infliction of grievous bodily harm by exceeding the measures necessary to detain the person who committed the crime (Part.

   2 tbsp. 114 of the Criminal Code of the Russian Federation) such an excess is

10. C) who have committed a crime and suffer from mental disorders that do not exclude sanity;
11. Question 27. Attempted crime: concept and types
12. Question 47 Murder committed by exceeding the limits of necessary defense or by exceeding the measures necessary to detain the person who committed the crime (Article 108 of the Criminal Code)

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Question The concept of corpus delicti. Formal, material and truncated compositions. The end of the crime

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Corpus delicti- this is a set of objective and subjective characteristics that allow us to define an individually committed act as a crime.

Also highlighted material And formal elements of crimes. Material elements of crimes include, as a mandatory feature, the occurrence of specific socially dangerous consequences, material or physical harm. In formal compositions, socially dangerous consequences are implied; establishing their specific content is not necessary to bring to justice the person who committed the act.

In view of this, some scientists indicate that it would be more correct to talk about the material or formal structure of the disposition of a criminal law norm, rather than the corpus delicti. Thus, crimes with a material element include murder (the element of the crime includes the occurrence of socially dangerous consequences - the death of the victim), and crimes with a formal element include slander (the element of the crime includes only the dissemination of defamatory information, regardless of whether this dissemination caused any harm). or harm).

Some elements of crimes have an alternative formal and material structure: they list two alternative acts, one of which is criminal only if a specific consequence named in the law occurs. For example, Part 1 of Art. has this design. 171 of the Criminal Code of the Russian Federation.

In addition, there are also elements of threat of harm (their other name is truncated formulations or formulations of a specific hazard). The division of elements into material, formal and truncated is used in determining the moment when a crime is already considered completed, containing all the signs provided for by the criminal law: crimes with a material element are completed at the moment of the onset of consequences, with a formal element - at the time of the commission of an act of behavior constituting the essence of the criminal act. acts with a truncated composition - as soon as the behavior of the perpetrator creates a real threat of causing harm to interests, benefits and public relations protected by criminal law

The end of the crime

A crime is considered completed if the act committed by a person contains all the elements of a crime provided for by criminal law. In this case, what matters is not so much the actual presence of signs of a crime in the act, but rather the correspondence of the subject’s idea of ​​the desired result to the actual circumstances of the case: the implementation of all planned socially dangerous actions and the occurrence of all socially dangerous consequences.

More detailed definitions of a completed crime are also given. A.I. Sitnikova believes that a completed crime should be understood as “an act that contains all the elements and signs of a specific crime, in which the criminal intent is fully (to the end) realized, with the exception of truncated crimes, which, by the will of the legislator, are considered completed even in cases where the intent is partially realized.” She also gives a definition of an unfinished crime: this is “a deliberate act that was not completed due to circumstances beyond the control of the person, as well as voluntarily abandoned in preparation for a crime and an attempt to commit a crime.”

A crime with a material element is considered completed from the moment the socially dangerous consequences occur. A formal crime is completed from the moment of committing socially dangerous actions (inaction) described in the law. Crimes with a truncated composition are considered completed not at the moment of the onset of consequences, but from the beginning of the commission of an action that creates a threat of consequences.

There are three points of view regarding the moment of the end of the crime. Supporters of the first of them point out that only the subjective perception of the perpetrator about the commission of all actions necessary to complete the crime should be taken into account. Other authors state that the completion of a crime is determined based on the objective presence in the act of all the elements of a crime established by the legislator. Still others say that it is necessary to take into account both the objective presence of those signs that are provided for by law, and the subject’s subjective idea of ​​​​the completeness of the act that he planned to commit.

The moment when a crime is recognized as completed does not always coincide with the moment when the crime is generally recognized as having been committed. If, according to a position widespread in modern criminal law, the time of commission of a crime is recognized as the time of commission of a socially dangerous action (inaction) regardless of the time of the onset of consequences, then, for example, a murder committed with the use of a slow-acting poison will be recognized as a completed crime from the moment of death, however, the time of commission of the crime will be the time when the perpetrator gave the victim this poison

Question Robbery and robbery (similarities and differences)

Question: The subjective side of the crime. The concept and general characteristics of the signs of the subjective side of the crime

The subjective side of the crime- this is the internal mental attitude of a person to the socially dangerous act he commits.

Signs and meaning of the subjective side

The subjective side of a crime is formed by the following features: guilt, motive, purpose and emotional state of the person.

Only wine is obligatory. The meaning of the signs of the subjective side:

• Distinguishing between criminal and non-criminal behavior (causing socially dangerous consequences without guilt, an act provided for by a norm of criminal law, but committed with a form of guilt, motive or purpose not specified in it, is not criminal).
• Distinction between elements of crimes that are similar in objective terms (murder and causing death by negligence; unauthorized abandonment of service and desertion).
• Signs of the subjective side determine the degree of social danger of the crime and the criminal, being mitigating and aggravating circumstances

Guilt

According to psychological theory, guilt is defined as a person’s mental attitude towards a socially dangerous action or inaction and its consequences, expressed in the form of intent or negligence. There are other theories of guilt.

Modern criminal law proceeds from the fact that an act, the commission of which is conscious and volitional, can be criminal. As a result, guilt is a necessary prerequisite for criminal liability and punishment. Only culpable responsibility for committing a crime forms the essence of subjective imputation: no matter how grave the consequences are, responsibility comes only for their culpable infliction, objective imputation is unacceptable.

There are two forms of guilt: intent and negligence. The form of guilt is a combination of intellectual and volitional characteristics determined by law, indicating the attitude of the guilty person to the act he commits and its consequences. The form of guilt is either indicated in the criminal law establishing responsibility for a specific crime, or is implied.

Intent

The intentional form of guilt presupposes that the perpetrator is aware of the essence of the act being committed, foreseeing its consequences and having the will to commit it.

Intention can be direct or indirect. With direct intent, a person is aware of the social danger of his actions or inaction, foresees the possibility or inevitability of the occurrence of socially dangerous consequences (intellectual moment) and desires their occurrence (volitional moment). With indirect intent, the perpetrator does not foresee the natural inevitability, but only the real possibility of the occurrence of consequences in this particular case. From the point of view of the volitional element, the perpetrator does not want to, but consciously allows them to occur or treats them with indifference. It should be noted that in many states the main intellectual element of intent is considered to be awareness not of the social danger of the act, but of its illegality.

Carelessness

Carelessness is characterized by a frivolous calculation to prevent the harmful consequences of a person’s act, or a lack of anticipation of the occurrence of such consequences. Carelessness is less common than intent, however, in terms of their consequences, careless crimes (especially those related to the use of certain types of equipment, nuclear energy, etc.) can be no less dangerous than intentional ones. There are two types of negligence: criminal recklessness and criminal negligence.

In case of criminal frivolity, the perpetrator foresees the possibility of socially dangerous consequences occurring (the intellectual element is similar to indirect intent), does not want them to occur, and, without sufficient grounds, arrogantly hopes to prevent them (the volitional element). At the same time, the person does not regard his actions as socially dangerous, although he is aware that they violate certain safety rules.

In case of criminal negligence, the perpetrator does not foresee the possibility of socially dangerous consequences, although he should have and could have foreseen them. A person may be held liable for such actions, since his actions involve disregard for the law, safety requirements and interests of others

Innocent mischief

Innocent harm or a criminal incident occurs when a person, due to the circumstances of the case, could not realize the social danger of his act, or did not foresee the possibility of socially dangerous consequences and should not or could not foresee them. Recently, the presence of an incident can also be recognized in cases where a person, although he foresaw the possibility of consequences, could not prevent them due to the inconsistency of his psychophysiological qualities with the requirements of extreme conditions or neuropsychic overload.