A criminal offense is an offense, while a criminal liability measure is applied to the person who committed it. The crime is characterized by such signs as danger to society, presence of guilt, punishability and wrongfulness.
The crime
What is a crime? This is a perfect act that carries a danger to society, which is contrary to the law and which may be followed by imprisonment. If we turn to history, earlier the punishment for behavior that deviated from generally accepted norms was realized by society itself, but with the emergence of the state, this function is now assigned to law enforcement agencies.
The classification of crimes is based on the nature and degree of danger of the act. It is worth noting that actions (inaction) that formally contain signs of a criminal act, but do not represent a public danger because of their insignificance, cannot be considered crimes.
The public danger posed by the crime carries the threat of harm or harms the individual, society, organization and the state.
The classification of crimes is also based on who committed the act: an adult or an adult, a woman or a man, a person who had not previously been prosecuted or a recidivist.
Definition
Serious crimes are recognized as intentional acts or committed through negligence. For their commission, the maximum punishment may be imposed in the form of a ten-year term.
In contrast to this category, intentional acts are recognized as particularly serious crimes, the fact of negligence is excluded. The punishment for them is assigned at least 10 years, and also provides for a more stringent measure. By intent is meant conscious actions that carry a certain social danger. Moreover, it is divided into indirect and direct.
Classification
Why is crime classification necessary? It allows you to determine the responsibility for preparing for the implementation of the act, type of relapse limitation periods after which a person cannot be held liable. In addition, on its basis, the issue of exemption from criminal liability is resolved, finds application in determining the type of relapse, affects the choice of PS, will be applied when repayment of criminal record.
Classification of crimes (their categorization) - the division into groups based on certain criteria, for example, depending on the degree of danger of the act, implying a combination of certain factors, such as the nature of the guilt, the amount of harm done, time, place of commission, and also the situation and features of the subject of the crime. In addition, the classification of crimes is affected by the nature of the danger of the act (motive, purpose of the committed act, content and amount of damage, method of encroachment and form of guilt).
The classification of crimes according to the Criminal Code is given based on their severity. They can also be divided into intentional and committed by negligence. The second option refers to those cases when a person could not and did not realize that the act he committed was generally dangerous, or could not foresee the consequences in connection with its commission.Intentional atrocity is an act that has been committed intentionally and intentionally. At the same time, intent can be either direct or indirect. If everything is clear with the first, the second option implies that the person who committed such a crime was aware of the danger it posed to society, and foresaw the onset of certain consequences, but did not want the offensive.
Examples of serious crimes
What crime is considered serious? Consider this with some examples. These include crimes qualified, for example, under the following articles: Part 2 of Art. 131 (rape), part 1 of article 164 - theft of especially valuable items, as well as Art. 309 (part 4) - coercion to testify, while the act must be committed, for example, with the use of violence, threatening life or health.
Serious crimes are recognized, for example, robbery and robbery, as well as other types of offenses. In this case, imprisonment can last up to 6 years.
We also note articles such as 146 (part 3): violation of copyright with aggravating circumstances, as well as Art. 350 h. 3 of the Criminal Code, while the actions entailed the death of one or more persons (Art. 350 h. 3 of the Criminal Code).
The following are recognized as serious crimes: intentional harm to health under Art. 111 of the Criminal Code of the Russian Federation - actions that lead to the fact that the victim loses his hearing, vision, organ, a mental illness occurs, an abortion occurs, and also there is a dependence in the form of drug addiction and substance abuse, disfigurement of the face, disability, the victim loses his professional ability to work, there is a threat to the life of the victim. In this case, punishment may be imposed up to 8 years.
So, as a rule, intentional acts, but also committed by negligence, are recognized as serious crimes, as a result of which there are consequences that carry significant damage to others.
Grave economic crimes
In addition, economic crimes may be considered serious. These may include the implementation of illegal banking activities by an organized group, causing major damage to both the state and legal entities and individuals. In this case, the perpetrators can be imprisoned for up to 7 years with a fine. May be charged forced labor for up to 5 years.
Particularly serious crimes
For example, Art. 105 (murder), as well as a terrorist attack (part 2 of article 205). In the case of a murder, the perpetrator may be imprisoned for a term of 6 to 15 years. From 8 to 15 years can be assigned in case of rape of a person under the age of majority, or rape, as a result of which the victim was infected with especially dangerous diseases (Article 131, Part 3). If this act entailed the death of the victim, then the term may be from 12 to 20 years. If the crime was committed against a minor by a person who had previously been convicted of a similar crime, then the term of imprisonment will be from 15 to 20 years. A ban is also established on the implementation of certain types of activities for up to 20 years, in addition, restriction of freedom - up to 2 years.
The crime under article 126 - abduction of a person is also especially serious. In this case, the act must be committed with the use of weapons or violence that threaten the life and health of the victim, out of self-interest, by persons by prior conspiracy, as well as the crime led to death and other serious consequences. This category includes robbery committed by an organized criminal group (part 4 Art. 162 Criminal Code of the Russian Federation). Maximum - 15 years in prison. There are other types of crimes that are particularly serious.
Types of crime
Crimes, including grave and especially grave, are classified according to the following criteria: based on the form of guilt - intentional and committed through negligence, according to the degree of public danger - simple, qualified with aggravating circumstances, privileged (with mitigating), as well as by the tribal object of abuse .
The basic (simple) composition includes features that are inherent in a certain type of crime, while additional features that lower or increase the level of danger of the deed are excluded.
If there are additional signs that aggravate the guilt and, accordingly, change the qualification of the crime, then we will talk about qualified staff. Most often, qualifying signs are used such as grave consequences, violence, an organized group, a criminal record, a particularly dangerous relapse, etc.
Privileged - a corpus delicti, which is accompanied by extenuating circumstances, while the responsibility goes downward. In this case, there are grounds for reducing the sentence compared with that established for the commission of a criminal offense in the main part.
Circumstances not falling under the category of serious crimes
These include: motivation for self-defense, physical and mental coercion, the desire to take risks during the execution of the order, which is based on this, unintentional harm to the person who was caused to him during detention.
Imprisonment
The reason for the detention is evidence and other signs of the crime, which characterize the magnitude of the danger of the committed act. A subject who has violated the law is required to bear the punishment established in relation to him on a general basis and in accordance with the crime that he committed.
The most serious crimes are classified by the principle of their commission, by the property of intentional and unintentional action. The sentence is usually ten or more prison years. Particularly severe cases do not exclude life imprisonment. The statute of limitations for the disclosure of such crimes is 20 years. During this time, if the crime remains unsolved, the search for the perpetrators of the crime continues.
In the event that the defendant has previously been convicted of such crimes, then repeated actions on his part will be recognized as a particularly dangerous relapse. When committing a serious crime, the convict may be released on parole, having served 2/3 of the term. In case of violation of the law of special gravity, the perpetrator also has the right to parole if he has served 3/4 of the term. A strict or general IR regime is assigned (depending on the qualification of the crime).
