The concept and signs of a crime are a very complex set of distinctive features, which is reflected in both the General and the Special parts of the Criminal Code.
Crime and crime
In the practice of modern criminal law, it is necessary to distinguish two similar in spelling, but different from each other in the meaning of the concept. These are the definition of “crime” and the term “crime”.
The concept and signs of a crime are reflected in the first part of Article 14 of the Criminal Law of Russia. This is a unique definition, which includes not only the disclosure of the concept, but also a brief designation of almost all of its features. A crime is an act that carries public danger, which is defined in the law as criminal and unlawful, committed by a guilty person. The actions being implemented are designated as a special institution of criminal law, which entails criminal liability for the crime.
As for crime, it is characterized by historical instability and dynamic variability. It is a criminal law and social phenomenon. Mentioning a crime, it is important to note that this is one act, crime is possible only if there is a combination of criminal violations. The last criteria of this term are the territory studied by statistics, as well as the established time frame.
Public danger: nature and extent
The concept and signs of a criminal offense include the first sign: public danger. The approval of the Special Part of the Criminal Code speaks of the normative consolidation of protected values, the infringement of which entails a punishment. Any object enshrined in a particular article is protected by the state in the person of its government and authorized bodies.
An obligatory characteristic of a crime is the infliction of harm or the possibility of it being committed by law enforcement public interests. Public danger is a material sign of a dangerous act, revealing its social essence. This feature of the crime includes two criteria:
- The nature of public danger.
- The degree of public danger.
The first criterion determines the qualitative significance of the damaged object. So, here we can attribute the specific certainty of the subject, its social significance and social value, as well as the essence of the following socially negative consequences. As an example, we can consider identical crimes: on the honor, freedom and dignity of the individual; encroachment on life, health and so on.
The degree of public danger shows a quantitative sign. He argues that committing a crime entails damage not only to public goods and interests, but also to the material objects of the world. It is important to mention here the magnitude of the damage caused, the method of committing the dangerous act, the form of guilt, the motive, and also the purpose of the actions taken.
Wrongfulness and guilt
Concept and signs of crime contain such a sign as unlawfulness. He says that the offense is recognized as a crime only if the act is indicated in the Criminal Law of the Russian Federation as such. A person cannot be held responsible for an encroachment on an object that is not in the Code. It is important to note that the rules may also prohibit the commission of an action (inaction).For example, possession of drugs does not pose a public danger, but such actions are criminally punishable. 
The absence of this feature in the offense committed deprives him of public danger, and, therefore, does not entail liability.
The characteristic of crimes necessarily includes such a sign as guilt, which indicates the impossibility of serving a sentence without fault. Only that person is responsible for the committed act that committed the act or inaction consciously, that is, guilty. It is impossible to call the crime those actions that were carried out innocently, regardless of the consequences. A vivid example of innocence is an accident.
Guilty is necessarily characterized by psychological awareness, age, and the ability to guide one’s actions. Therefore, minors as well as mentally ill people will not be held responsible for the committed acts.
Sign of action and inaction of a person
Another of the many signs of crime is a behavioral act expressed in action or inaction.
- The action is necessarily characterized by the presence of body movements, expressed in the use of objects, tools, in verbal expressions and so on. The concept and signs of crime in practice say that actions are conscious and arise as a result of activity.
- Inaction has a completely opposite characteristic. It primarily represents the passive behavior of the person, which is also volitional and conscious. Crimes of this kind consist in non-fulfillment by a person of the duties assigned to him, which arose either by force of law, or by agreement, or by other circumstances. All of the above species is characterized by objective side of the crime.
- The concept, signs of an act do not imply the human thought process. For example, if a person mentally wishes death to another person, conceals negative intentions - this is not a criminal offense until the plan has begun its implementation.
Tortoise
The evidence of tort indicates that only the individual who committed the crime can be held liable. This criterion implies a combination of defining properties, for example, the achievement of a mandatory criminal age, the sanity of a person, and so on. Depending on the nature of the crime, it may be a special subject, for example, soldiers in military service.
The punishability of an act
This sign means that for any socially harmful act criminal liability is provided in the form of a sanction, which is enshrined in the Criminal Code. In addition, punishability means that the concept, signs and corpus delicti are determined by a specific article, where a strict sanction is established. When administering justice, a judge has no right to impose a punishment that does not fit the framework of a particular norm.
It is impossible to talk about the effectiveness of the Criminal Law if liability is not provided for an action or inaction. The necessary installation of measures enhances the results of the fight against crime. That is why punishment is one of the signs of a criminal offense. A criminal sanction for acts shows the difference between criminal behavior and other types of offenses, and, accordingly, other measures of responsibility.
The concept, signs and types of crimes: the main classification
The main classification of offenses is contained in Article 15 of the Criminal Law of the Russian Federation. A particular corpus delicti is classified in accordance with the sanction defined in the article of the Law:
1. Crimes of minor gravity.
Socially dangerous acts committed both intentionally and through negligence are recognized as such.For crimes of minor gravity, a maximum penalty of 2 years in custody is provided.
Vivid examples are actions that cause minimal damage to public relations, for example, hooliganism, exceeding the limits of necessary self-defense, and so on.
2. Crimes of moderate gravity.
This category includes both careless and intentional acts. The composition of the crime of moderate gravity provides for maximum sanction in the form of 5 years in prison.
The punishment of this category applies mainly to the majority of thefts committed without aggravating circumstances; causing death to a person through negligence; abuse of power and so on.
3. Serious crimes.
The peculiarity of the third paragraph of this classification is that only intentional, and in some cases unintentional actions or inaction can be considered serious offenses. The maximum sanction for serious crimes is 10 years in prison, in accordance with this Criminal Code of the Russian Federation.
Most often, this category includes crimes committed with two forms of guilt, for example, violation of safety rules that entailed the death of a person through negligence, and so on. As for intentional acts, this category includes the most dangerous acts: rape, theft and extortion with aggravating circumstances, robbery, kidnapping (if he was not released voluntarily), hostage-taking and so on.
4. Particularly serious crimes.
This category also includes only those offenses that were committed intentionally. Particularly serious crimes are characterized by the highest degree of public danger, the maximum period for which is more than 10 years in custody, or another stricter sentence is provided: the death penalty or life imprisonment.
Particularly dangerous acts include crimes such as aggravated murder, assault on a person carrying out the justice process, aggravated hostage-taking, attempted life and health of a law enforcement official, acts aimed at destroying the constitutional order and etc.
Criminal liability as the basis for the classification of crimes
The attribution of a criminal act to one or another category entails a certain nature and degree of criminal responsibility. So, there is such a thing as “relapse”, as well as “especially dangerous relapse”, based on the presence of which a more severe punishment is established. Moreover, the category of previously committed crimes is taken into account. Investigation of crimes and sentencing in this situation is reflected in article 18 of the Criminal Code of Russia.
The legislation of the Russian Federation provides liability not only for the commission of any act, but also for the stage of preparation for its commission for articles of grave and special gravity. The severity of punishment increases if a crime is committed as part of an organized criminal group. Moreover, the creation of a criminal community is one of the criminal articles of the Law, which provides for a certain responsibility.
The institution of criminal liability is a complex set of rules, including a number of dispositions and sanctions. That is why it is impossible to fully understand if punishment according to one norm is effective and does it contradict another? The solution to this issue is judges who administer justice, who pass several qualification exams before taking office.
Other classification of criminal acts
In the domestic science of criminal law, it is customary to divide crimes depending on the typical object of the offense.In total there are 6 groups of this typology, which are determined by the chapters of the Criminal Code.
- Against the individual. The investigation of criminal offenses against the person is carried out in the first place. This is facilitated by such constitutional attitudes as the highest value of human health and life. Offenses against the individual are considered the most serious and most dangerous for society.
- In the economic field. Illegal economic activity, entrepreneurship, illegal profit-making are also subject to criminal prosecution in connection with the corresponding chapter of the Criminal Code of the Russian Federation.
- Against public order and established statehood. The category of such punishable acts includes the organization of extremist activities aimed at destroying the constitutional order and so on.
- Crimes against power in the state. The most striking example of the fourth paragraph is the activity aimed at violent seizure of power.
- Punishable acts against military service. This category implies the presence of a special entity, that is, a military serviceman whose powers are determined officially by law or contract.
- Violation of the security and peace of mankind as a whole. The activities of both one person and an organization aimed at destroying the world are also criminally punishable.
Nullity of a crime
The second part of Article 14 of the Criminal Law of the Russian Federation speaks of the nullity of an act formally containing signs of a crime.
If the act completely resembles, in all respects, the definition of a crime, but due to insignificance does not carry public danger, then such an act is not criminal and punishable. The application of this rule depends not only on the totality of the signs of the committed act and the harm done, but also on the motives and purpose of the accused.
A striking example of the insignificance of a crime are petty thefts committed out of the need to satisfy biological needs for lack of livelihoods. An elderly person who stole a loaf of bread at a grocery store will be exempted from criminal liability in connection with the nullity of the act on the basis of Article 14 of the Criminal Code.
