Crimes according to the design of the objective side. According to the degree of public danger

Types of crimes

In the theory of criminal law, specific crimes are divided into certain groups based on any essential features, called the grounds of classification.

Crimes are classified on the following basis:

1. By degree public danger:

A) main element of the crime;

b) composition with mitigating circumstances;

V) composition with aggravating circumstances.

Basic elements of the crime characterized by those signs of social dangerous act, which exist in every case of commission of this type of crime and do not contain either mitigating or aggravating circumstances. In the Criminal Code of the Russian Federation, these are, as a rule, the first parts of the corresponding articles of the Special Part. This composition is often called simple. For example, simple murder (Part 1 of Article 105 of the Criminal Code of the Russian Federation), simple theft (Part 1 of Article 158 of the Criminal Code of the Russian Federation), etc. All crimes included in Special part Criminal Code of the Russian Federation.

Composition with mitigating circumstances(some call them privileged). Extenuating circumstances indicate a lower degree of social danger of the act compared to the act provided for by the main elements of the crime. This type of composition is provided for in crimes against life and health. These are the elements of murder by a mother of a newborn child (Article 106 of the Criminal Code of the Russian Federation), murder in a state of passion (Article 107 of the Criminal Code of the Russian Federation), as well as other crimes provided for in articles 108, 113, 114 of the Criminal Code of the Russian Federation.

Much more common in the Criminal Code of Russia are compositions with aggravating circumstances. These compounds are often called qualified and especially qualified. Qualified offenses are provided for in the second parts, and especially qualified offenses are provided for in the third and subsequent (if any) parts of the relevant articles of the Special Part of the Criminal Code of the Russian Federation.

Compositions with aggravating circumstances indicate a higher social danger compared to the act provided for by the main composition. Aggravating circumstances in the Criminal Code of the Russian Federation are more often expressed in clauses of articles. For example, Part 2 of Art. 105 of the Criminal Code of the Russian Federation contains 12 points, which contain 22 aggravating circumstances.

2. According to the method of describing the elements of a crime:

A) simple elements of crime;

b) complex crimes.

Simple elements of crime characterized by the presence in them of one object, one act, one form of guilt. In other words, they are one-dimensional. For example, as part of causing death by negligence (Article 109 of the Criminal Code of the Russian Federation), one object is indicated - human life, one act - causing death; one form of guilt is negligence.

In complex compositions The following options for complicating the composition are possible:

Doubling of elements (for example, two objects of encroachment - Article 162 of the Criminal Code of the Russian Federation (property relations and human health), two forms of guilt - Part 4 of Article 111 of the Criminal Code of the Russian Federation (intention and negligence), two consequences - Part 2 of Article 215 Criminal Code of the Russian Federation (serious harm to health or death of a person or radioactive contamination environment));

The alternativeness of the elements qualifying the crime (for example, murders with qualifying criteria based on the elements of motive, method of committing the crime, number of victims);

A combination of several simple offenses in one composition (compound crimes, for example, hooliganism - Article 213 of the Criminal Code of the Russian Federation, can combine bodily injury, insults, destruction of property, combined with the use of weapons or objects used as weapons).

3. By design (way of describing characteristics objective side crimes):

a) material elements of the crime - about 38% of total number all types of crimes;

b) formal crimes - about 57% of the total number of all crimes;

c) truncated crimes - about 5% of the total number of all crimes.

Material elements of the crime- those in which the legislator describes specific socially dangerous consequences of the committed act, for example, murder (Article 105 of the Criminal Code of the Russian Federation), theft (Article 158 of the Criminal Code of the Russian Federation), etc.
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Such crimes are considered completed when the consequences of such an act specified in the law occur.

Formal elements of the crime- those in which the legislator does not describe the socially dangerous consequences of the act committed by the perpetrator. Οʜᴎ lie outside the scope of the crime. For example, slander (Article 129 of the Criminal Code of the Russian Federation), rape (Article 131 of the Criminal Code of the Russian Federation), etc.
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The crime is considered completed from the moment the socially dangerous act is committed, regardless of the possibility of any consequences. Formal composition is one where the consequences are not indicated in the law.

Truncated compositions crimes- a type of formal, they also do not indicate the consequences. Their danger lies in the fact that, without causing certain consequences, they create a real threat of causing them. The legislator postpones the end of such crimes to earlier stages - the preliminary stages criminal activity: preparation for a crime or attempted crime. Consequences may actually occur, but their presence is not required to qualify a crime; they will be taken into account when sentencing. Such compositions include: Art. Art. 162, 163, 208, 209, 210 of the Criminal Code of the Russian Federation, etc.

At the same time, it should be noted that the Special Part of the Criminal Code of the Russian Federation contains a number of crimes that have complex (mixed) elements of crime. The peculiarity of the objective side in such compositions is essentially that the moment of completion in them is associated by the legislator with various circumstances of an alternative nature.
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Two types of such compositions can be distinguished: a) formal-material- ϶ᴛᴏ such elements of crimes that are recognized as completed either from the moment the act is committed, or from the moment the consequences specified in the law occur (for example, Art. Art. 171, 172, Part 3 of Art. 183 of the Criminal Code of the Russian Federation, etc.); b) truncated material- such offenses that are recognized as completed either at the stage of an attempted crime, or in the event of criminal consequences (Article 277, Article 295, Article 317 of the Criminal Code of the Russian Federation). Let us emphasize once again that from the point of view of the content of dispositions mentioned articles, the moment of the end of the crime is alternatively associated by the legislator with the onset of consequences or without the onset of consequences.

A) compositions with specific signs elements;

b) compositions with estimated characteristics of elements.

First view compositions such that all the signs of the elements are unambiguously characterized in disposition criminal law the degree of their social danger. For example, size material damage in crimes against property – significant damage, major damage, especially large damage, measured in rubles and established in the note to Art. 158 of the Criminal Code of the Russian Federation.

In second form compositions, the description of their characteristics is such that the degree of danger of the crime cannot be unambiguously expressed. It is determined by judicial and doctrinal interpretations. So, in part 2 of Art. 105 of the Criminal Code of the Russian Federation names such methods of committing a crime as “with special cruelty”, “in a generally dangerous way” In Part 2 of Art. 285 of the Criminal Code of the Russian Federation talks about ʼʼ significant violation rights and legitimate interests citizens or organizations, etc.

5. At the same time, by volume of coverage criminal act compositions are divided into:

A) are common;

b) special.

General the composition contains a generalized description of the criminal act, covering various shapes one type of crime. For example, Art. 285 of the Criminal Code of the Russian Federation – “Abuse of official powers”.

Special the composition has a narrower content and applies to special cases of a certain type of crime. For example, in relation to Art. 285 of the Criminal Code of the Russian Federation, the special corpus delicti will be the composition provided for in Art. 292 of the Criminal Code of the Russian Federation – ʼʼ Official forgeryʼʼ, or receiving a bribe (Part 1 of Article 290 of the Criminal Code of the Russian Federation).

6. According to the degree of generalization of signs:

A) general– a set of characteristics characteristic of all crimes;

b) generic (special)– a set of characteristics common to certain group crimes;

V) species– a set of signs provided for by a specific norm of the Special Part of the Criminal Code of the Russian Federation;

G) specific– a set of characteristics characteristic of an individually defined crime committed by a person and provided for in article The Criminal Code of the Russian Federation, containing the types of crimes.

Types of corpus delicti - concept and types. Classification and features of the category “Types of crimes” 2017, 2018.

1. Since the corpus delicti has a certain structure, it must be characterized by one or another design, which should be understood as the nature, type of connections between the features that form it, as well as the type of their “set” or combination.

Since the characteristics of the offenses are different and are found in different combinations, this leads to a variety of designs for offenses.

In many cases, several characteristics of compounds are grouped in the same way; in other words, there are typical construction options individual parts corpus delicti. For example, the same constructions have the offenses of theft and robbery or, respectively, the offenses of murder and intentional infliction slight harm health.

On the other hand, many compounds differ in design. Thus, the elements of intentional infliction grievous harm health, resulting in the death of the victim (Part 4 of Article 111 of the Criminal Code), differs from the elements of murder not only in terms of the object, objective and subjective sides, but also in the features of its structure: it provides for the occurrence of two types harmful consequences(serious harm to health and death) and there is mixed form guilt. But for the composition of character assassination complex structure aggravating circumstances.

From this example it is clear that differences in the construction of compositions are determined not by the content of individual features, but by larger formations - groups of features that characterize a certain element of the crime. Figuratively speaking, if the corpus delicti is a building consisting of large standard blocks, then the structure is determined by the set of these blocks.

Ya. M. Brainin wrote: “ Structural basis the corpus delicti is formed by a system of its elements: object, objective side, subject and subjective side” 1 . Correct in essence, this idea needs terminological clarification. To avoid confusion, the term “element” should denote

Start with only four parts of the crime (object Crime, subject, etc.), and in relation to the content of the crime, call the words “sign” or “group of signs”. From this point of view, the composition contains four groups of features characterizing the four corresponding elements of the crime; this ⅛ is its structural basis.

However, limiting ourselves to this is not enough. The structure of the composition is also formed by smaller groups of its characteristics. Such groups represent generalized characteristics of individual signs of composition inherent in all or many crimes. These are not the meaningful features themselves, but their categories, or classes.

So, for example, the objective side of a crime includes] action or inaction, harmful consequences, etc. d. “Action” (or “inaction”) is a class (category) that includes various forms of behavior. Some categories of signs characterizing the subject (sanity, age) have already been discussed.

The presence of certain categories of characteristics, similar to those listed above, does not yet serve as a sufficiently complete description of the composition, since the categories indicate the generic affiliation of the characteristics and do not have the necessary specificity: to outline any composition, it is necessary to point out not only what is included in it, for example, it includes in general “action 0”, but also to reveal the content of this generalized sign, that is, to determine whether we are talking about the secret theft of property or, for example, a violation of the rules for combating epidemics. Consequently, the enumeration of the categories of features included in the composition does not yet reveal its content, but it does indicate its design.

Before considering the types of constructions cocτ∣ vov, we present general list categories of features and their symbolic designations. It should be taken into account that κaκo% either official classification there are no signs of composition? There is no consensus among scientists on this issue. A

table 2

In the table below we see three degrees of abstraction of composition features. The most high degree abstractions are characteristics of the elements of a crime (B, S, G, C). Next come the categories of signs - the direct object, the subject of the crime, sanity, age, etc., not yet “tied” to a specific type of crime. Finally, the third step - different meanings signs (they are indicated in small letters of the Latin alphabet).

From the last column of the table it can be seen that various signs elements of crimes can take one, two or several meanings. V has one value; T, age, has two values. If 14 years of age is sufficient by law, we will denote this attribute by the symbol G, and the age of 16 years and older by t."

The signs U (intention) and N (negligence) also take on two meanings. This means direct and indirect intent, arrogance and negligence.

Many characteristics of compositions can take a large number of values, depending on the type of crime.

Each element of a crime is characterized by a group of characteristics. For example, a set of signs characterizing the subject of a crime consists of signs of sanity and age, as well as signs of a special subject (not in all cases) and a sign of previous criminal record (repeated) or its absence:

S = V∙Γ∙(S"VS")∙(L>Vβ) (5)

The sign V denotes disjunction (separation), which corresponds to the word “or”.

For corpus delicti certain type, for example, for appropriation of property, committed by the person previously convicted for the same crime (Part 3 of Article 160 of the Criminal Code), the set of characteristics of the subject will be more specific ( special subjects of this crime we will denote S" 28 s and S" t 60, special repetition (conviction for a crime - (RVR)

More on the topic § 3. CONSTRUCTIONS OF CRIMES:

1. § 3. PLACE OF CONSEQUENCES IN THE CRIME. QUESTION ABOUT THE SO-CALLED FORMAL AND MATERIAL INGREDIENTS OF A CRIME
2. § 2. Delimitation of the crime under Art. 264 of the Criminal Code of the Russian Federation from related and other crimes.
3. CHAPTER 2. QUALIFIED TYPES OF VIOLATIONS OF ROAD TRAFFIC RULES AND LIMITATION OF THE COMPONENTS OF THE CRIME PROVIDED BY ART. 264 of the Criminal Code of the Russian Federation, FROM RELATED AND OTHER CRIMES.

According to the design features of the objective side of the crime, material, formal and truncated elements of crimes are distinguished (the names are conditional).

It is customary to consider as material crimes such elements of crimes, the characteristics of the objective side of which include not only the act (action or inaction), but also socially dangerous consequences. For example, for the completed crime provided for in Part 1 of Article 105 of the Criminal Code of the Russian Federation, the death of the victim is required.

IN formal compositions crimes offensive socially dangerous consequences is not mandatory feature. Thus, for the crime of libel (Article 129 of the Criminal Code of the Russian Federation), it is sufficient to knowingly disseminate false information defaming the honor and dignity of another person.

The occurrence of harmful consequences is not necessary. They do not affect qualifications, but can be taken into account in court when assigning punishment.

In truncated compositions, the corpus delicti is constructed in such a way that the end of the crime is transferred to preliminary stage. For example, Article 317 of the Criminal Code, the crime is completed from the moment of attempted murder. And the end of banditry (Article 209 of the Criminal Code of the Russian Federation) was moved by the legislator to the preparation stage.

The transfer of the moment of completion of the crime to the preliminary stage is done in order to increase responsibility.

In addition to the above-mentioned types of offenses, generic and special (species) offenses also differ.

Generic compositionscontain general signs of this criminal act. Special formulations include signs of one or another type of this crime. For example, Article 129 of the Criminal Code of the Russian Federation provides for liability for defamation of any person, and Article 298 of the Criminal Code of the Russian Federation provides for liability for libel against a judge, investigator, prosecutor... etc.

Article 129 of the Criminal Code of the Russian Federation is generic, and Article 298 of the Criminal Code of the Russian Federation is special.

If the crime contains signs of general and special norms- a special norm applies.

Types of crimes according to the structure of the crime.

By structure, i.e. Depending on the method of describing the elements of a crime, the law distinguishes between two types of compositions:

a) simple;

b) complex.

When describing a simple composition, the law defines all the characteristics of this composition crimes are one-dimensional: one object, one action, one consequence, one form of guilt.

Simple compositionis a crime provided for by part 1 Article 105 of the Criminal Code of the Russian Federation (premeditated murder). One object is human life; the objective side is one act, the occurrence of one consequence - the death of a person. Subjective side- one form of guilt is intent.

IN complex compositions There are such options for complicating the composition:

a) doubling of elements (for example, two objects of assault, two forms of guilt, two consequences);

b) lengthening the process of committing a crime (lasting and ongoing crimes);

c) alternative elements qualifying a crime (for example, murders with qualifying criteria based on elements of motive, method of commission, number of victims);

d) combination of several simple offenses in one composition (compound crimes). For example, hooliganism can unite injuries, insults, destruction of property.

Required elements corpus delicti.

The elements of the crime are divided into mandatory and optional.

The mandatory elements include four elements that are required for the existence of a crime.

These are the elements that form in their integrity (system) that necessary social danger of an act that is criminal. The absence of at least one of these elements means the absence of the entire system of corpus delicti.

These elements are:

a) the object of the crime;

b) in the objective side of the composition - this is an action (inaction), harmful consequences associated with action (inaction), causality;

c) in the subject - elements with signs of a natural, sane person, of a certain age;

d) on the subjective side - guilt in the form of intent and negligence.

Types of crimes

Classification of crimes into types is carried out on three grounds:

According to the degree of public danger;

According to the design of the composition;

According to the structure of the composition:

Let us consider each type of crime separately.

Types by degree of public danger

In the Criminal Code, according to the degree of public danger of crimes, their compositions are divided into basic ones, compositions with aggravating elements - qualified trains and compositions with softening elements are preferred compositions.

The basic composition of the dispositions of the criminal law describes the elements of a typical, average public danger. IN in rare cases such a composition turns out to be unique, without subsequent differentiation (for example, the composition high treason). As a rule, crimes in the Special Part of the Criminal Code are differentiated into two, three and even four types. This makes it possible to extremely individualize the degree of social danger of acts that are identical in nature (the object of the attack, forms of guilt), thereby ensuring both the accuracy of the qualification of the act and the punishability of the guilty person. For example, in murder there are three elements: basic, qualified, privileged. The degree of their social danger is so different that murder with aggravating elements is punishable by maximum size imprisonment - up to twenty years, life imprisonment freedom and alternatively - exceptional punishment: the death penalty. For premeditated murder with a privileged composition, in a state of passion or as a result of exceeding the limits necessary defense possible punishment in the form of restriction of freedom without imprisonment. More often than others, the law names the group commission of a crime, motive, purpose, and repetition among the qualifying characteristics.

Types by composition design

According to the structure of the crime, three types of compositions are distinguished:

a) Material,

b) Formal,

c) Hazard compounds.

Material elements of crimes have as their mandatory features not only the act, but also socially dangerous consequences, as well as a causal relationship between them. An example of material elements are crimes that caused harm varying degrees gravity. As socially dangerous consequences in in this case is the harm caused to health, and the word “causing” means the presence causation between an act and the consequences of its commission. Material compounds include compounds with economic damage (against property, business) and with physical harm (murder, damage to health), sometimes also compounds creating a threat of damage and with moral damage(insult, slander).

The formal corpus delicti has only one obligatory sign - the act, therefore crimes with such a corpus delicti are considered completed from the moment the criminal act itself is committed, the onset of consequences is not required. Examples of such composition are banditry, inducement to consumption narcotic drugs and etc.

The peculiarity of dangerous crimes lies in the fact that the legislator included as a mandatory feature of this composition not only an act, but also a real threat of socially dangerous consequences; Moreover, the onset of the consequences themselves is not a sign of this composition. In this regard, a crime with elements of danger is considered completed from the moment the act is committed, creating a real threat of criminal consequences. An example of a crime with elements of danger is violation of the rules for handling environmental hazardous substances and waste.

Types by composition structure

According to the structure of crimes, there are three types of crimes:

a) Simple,

b) Complex,

c) Alternative.

IN simple composition crimes, all signs of a crime are indicated by law only one-dimensionally, that is, in a single number. For example, the corpus delicti of theft is simple, since it has only one object - property, the objective side is represented by only one action, the subjective side includes only one form of guilt - intent.

In a complex crime, at least one of the signs is described multidimensionally. For example, terrorism encroaches on several objects simultaneously: public safety, human life and health.

An alternative crime is characterized by the fact that the law recognizes as a crime the commission of at least one (any) of the actions listed in the disposition of the criminal law norm. An example of such composition is the disposition of the article providing criminal liability behind illegal acquisition, storage, transportation, manufacture, or sale of narcotic or psychotropic substances.

Classification of types of crimes. In order to gain a more in-depth understanding of the content of specific elements of crimes and the correct qualification of crimes, a classification of elements of crimes has been developed in the science of criminal law. Classification of crimes into types is carried out on three grounds: a) according to the degree of public danger; b) according to the design of the composition; c) according to the structure of the composition. 2) Types of crimes according to the degree of public danger. According to the degree of public danger of a crime, four types of corpus delicti are distinguished: a) basic corpus delicti; b) composition with mitigating circumstances; c) composition with aggravating circumstances; d) composition with especially aggravating circumstances. a) The main corpus delicti is a composition without aggravating or mitigating circumstances. It contains only essential and typical features inherent in this species crimes. For example, in the main composition of Part 1 of Art. 158 of the Criminal Code does not indicate either mitigating or aggravating circumstances when committing theft. b) The corpus delicti with mitigating circumstances (privileged corpus delicti) includes circumstances that reduce the degree of public danger this crime compared to its main composition. For example, Part 1 of Art. 108 of the Criminal Code provides for the commission premeditated murder under extenuating circumstances, namely when the limits of necessary defense are exceeded. c) The corpus delicti with aggravating circumstances (qualified corpus delicti) is one that, in addition to the elements of the main corpus delicti of the crime, contains circumstances that significantly increase its social danger. There may be several such circumstances; they may relate to any element of the crime, or to all of its elements. For example, in Part 2 of Art. 105 of the Criminal Code contains 13 points that provide for qualifying circumstances of premeditated murder. d) Composition with particularly aggravating circumstances (especially qualified compositions). Such compositions contain indications of the circumstances that make the crime committed particularly dangerous. For example, Part 4 of Art. 111 of the Criminal Code, intentional infliction of grievous bodily harm resulting in the death of the victim through negligence. The division of offenses into types makes it possible to extremely individualize the degree of social danger of acts that are identical in nature (the object of the attack, forms of guilt), thereby ensuring the accuracy of the qualification of the act and the punishability of the guilty person. For example, in murder there are 3 components: - main; skilled; and privileged (Part 1.2 of Article 105 and Articles 106, 107, 108 of the Criminal Code). More often than others, the law names group commission of a crime, purpose, and repetition among the qualifying characteristics. The identification of types of crimes has a large practical significance. For example, part 2 of Art. 105 of the Criminal Code murder, maximum sanction: death penalty; Part 1 Art. 108 murder when exceeding the limits of necessary defense, the sanction is not two years' imprisonment. 3) Types of crimes according to the structure of the crime. According to the design features of the objective side of the crime, material, formal and truncated elements of crimes are distinguished (the names are conditional). It is customary to consider as material crimes such elements of crimes, the characteristics of the objective side of which include not only the act (action or inaction), but also socially dangerous consequences. For example, for a completed crime under Part 1 of Art. 105 of the Criminal Code, the death of the victim is required. In formal crimes, the occurrence of socially dangerous consequences is not a mandatory feature. Thus, for the crime of slander (Article 129 of the Criminal Code), it is sufficient to distribute knowingly false information discrediting the honor and dignity of another person. The occurrence of harmful consequences is not necessary. They do not affect qualifications, but can be taken into account in court when assigning punishment. In truncated offenses, the corpus delicti is constructed in such a way that the end of the crime is transferred to the preliminary stage. For example, Art. 317 of the Criminal Code, the crime is completed from the moment of attempted murder. And the end of banditry (Article 209 of the Criminal Code) was moved by the legislator to the preparation stage. The transfer of the moment of completion of the crime to the preliminary stage is done in order to increase responsibility. In addition to the above-mentioned types of offenses, generic and special (species) offenses also differ. Generic compounds contain the general characteristics of a given criminal act. Special ones include signs of one or another type of this crime. For example, Art. 129 of the Criminal Code provides for liability for defamation of any person. A Art. 298 provides for liability for libel against a judge, investigator, prosecutor... etc. Art. 129 of the Criminal Code is generic, and Art. 298 of the Criminal Code - special. If a crime contains signs of general and special norms, a special norm is applied. 4) Types of crimes according to the structure of the crime. By structure, i.e. Depending on the method of describing the elements of a crime, the law distinguishes between two types of crimes: a) simple; and b) complex. When describing a simple crime, the law defines all the characteristics of a given crime one-dimensionally: one object, one action, one consequence, one form of guilt. A simple crime is the crime provided for in Part 1 of Art. 105 of the Criminal Code (intentional murder). One object is human life; the objective side is one act, the occurrence of one consequence - the death of a person. The subjective side is one form of guilt - intent. In complex compositions, the following options for complicating the composition take place: a) doubling of elements (for example, two objects of assault, two forms of guilt, two consequences); b) lengthening the process of committing a crime (lasting and ongoing crimes); c) alternative elements qualifying a crime (for example, murders with qualifying criteria based on elements of motive, method of commission, number of victims); d) combination of several simple offenses in one composition (compound crimes). For example, hooliganism can include bodily harm, insults, and destruction of property.

19. concept and characteristics of the object of the crime.

The concept of the object of a crime. The object of a crime is socially significant values, interests, and benefits protected by criminal law, which are encroached upon by the person committing the crime and to which, as a result of the commission of a criminal act, significant harm is caused or may be caused. In Art. 2 of the Criminal Code of the Russian Federation provides a generalized list of objects of criminal legal protection. These include: - life, health, human and civil rights and freedoms, property, public order, environment, peace and security of mankind, etc. This list is specified in the Special Part of the Criminal Code, primarily in the names of sections and chapters of the Criminal Code. The concept of the object of a crime is closely related to the essence and concept of a criminal act, its characteristics and, above all, the main material characteristic of a crime - public danger. Only something that causes or can cause significant harm to any socially significant benefit or interest, that is, something that is socially dangerous from the point of view of society, can be considered criminal. If the act does not entail specific damage or does not entail real threat causing harm to any interest protected by criminal law, or this harm is clearly insignificant, such an act cannot be recognized as a crime. Thus, there is no crime without an object of attack. Without the object of a crime, there is no corpus delicti. The four-member structure of the crime (object, objective side, subject, subjective side) requires, when qualifying an act, the primary establishment of the object of the attack - that to which significant harm has been caused or may be caused by this act. In the absence of a specific addressee of the attack, we cannot talk about the composition of any crime. The concept of the object of a crime is closely related to the most important feature the objective side of the crime - socially dangerous consequences. Socially dangerous consequences are certain harm, damage caused to any socially significant interest. Socially dangerous consequences, as it were, highlight the essence and specificity of a particular object of encroachment. 2) The meaning of the object of the crime. The SIGNIFICANCE of the object of a crime in its main features boils down to the following: a) The object of a crime is an element of each criminal act, i.e. any crime is such only when significant harm is caused or can be caused to something. This finds expression in such a sign of a crime as a public danger. b) The object of the crime is a mandatory sign of the crime. There cannot be a single specific crime (murder, theft) without the direct object of the attack. c) The object of the crime is of fundamental importance for the codification of criminal legislation. Based on the generic object of the crime, the Special Part of the Criminal Code of the Russian Federation is built. d) Correct identification of the object of the crime makes it possible to distinguish the crime from other offenses and immoral offenses. In addition, with the obvious insignificance of the real or possible harm any benefit, even protected by criminal law, cannot be considered a crime (Part 2 of Article 14 of the Criminal Code Minor Act), since the object does not suffer the damage that is expected from the crime. e) The object of the crime makes it possible to determine the nature and degree of social danger of the criminal act, that is, what socially significant benefit is protected by criminal law, and to what extent the harm was caused or could be caused. f) The object of the crime is important, and sometimes even decisive, for the correct qualification of the act and the delimitation of one crime from another. For example, sabotage and terrorism - Art. Art. 281 and 205 of the Criminal Code. Failure to take into account the specifics of the object of encroachment and its incorrect identification leads in practice to judicial errors.

20.Types of crime objects. The classification of the object of a crime in Criminal Law is intended to describe the object of an attack that has certain properties and is in certain connections with other objects of criminal attacks. So that after use criminal law norms to correctly classify the crime committed. In the theory of criminal law and in the practice of applying criminal legislation, according to the volume of content and homogeneity of substantive features (elements), the following are distinguished: - general, generic, specific and direct; by functional properties: - main, additional and optional objects of crime. 2) General object crimes. The common object is the object of each and every crime. This is the totality of all socially significant values, interests, benefits protected by criminal law from criminal attacks. The general object of the crime is presented in a generalized form in Article 2 of the Criminal Code of the Russian Federation (Tasks of the Criminal Code). The common object is a whole, some part of which is encroached upon by each crime. The general object of the crime gives a holistic picture of those benefits, interests, values ​​that society and the state consider so significant that they provide for criminal liability in case of harm to them. 3) Generic object of the crime. A generic object is an object of a group of homogeneous crimes, part of a common object. The generic object is usually defined in the Sections of the Criminal Code (crimes against the person, crimes in the economic sphere, etc.). The significance of the generic object lies in the fact that thanks to it it is possible to make a scientific and legislative classification of crimes. In addition, establishing a generic object allows you to determine social role certain group public relations forming in their totality the content of the generic object. 4) The specific object of the crime. A specific object is an object of a type (subgroup) of crimes that are very similar in nature. If generic object a large group of crimes is a person (Section 7 of the Criminal Code), then life and health can be considered specific objects (Chapter 16); freedom, honor and dignity of the individual (chapter 17), etc. Thus species object- this is an additional link in the vertical structure of crime objects. In some cases, it may be absent and coincide with the generic one (Section-11. Chapter 33 - Military crimes). 5) The direct object of the crime. The direct object is the object of a separate specific crime, part of a specific or generic object. The direct object is a mandatory feature of each crime. Thus, in crimes against a person, the direct objects can be life (in the case of murder), personal freedom (in the case of kidnapping), etc. The direct object of the crime has important practical significance for qualifying the act. Its correct establishment is a decisive factor in distinguishing one crime from another. For example, a crime against a person is causing harm to health, a crime against public order is hooliganism. Many crimes simultaneously cause damage to various objects of criminal legal protection. However, their immediate object is, as a rule, one of the most important social benefits. There are crimes that encroach simultaneously on two immediate objects. For example, during robbery, an attack is carried out simultaneously on property and on the person. In such cases, a distinction is made between the main and additional objects of crime. The main object includes the social relationship on which the encroachment is directly and directly carried out, causing harm to which forms the essence of this encroachment. The additional object is also caused certain harm, but at the same time it is a secondary social relationship derived from the main object. So, robbery, i.e. 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, encroaches, first of all, on property relations, which are its main object. Life and health in this composition are an additional object, a derivative. An additional object can be mandatory - that is, an object that is always harmed by a crime, or optional, that is, an object that is not a mandatory sign of a crime. Thus, when committing a robbery, harm may be caused to the honor and dignity of the victim, however, since this object is not included in the said crime, it is optional, its presence or absence does not affect the qualification of robbery.