As you know, if there is no composition in a certain action (inaction), then it cannot be recognized as a crime. An object is one of its components. This explains its fairly weighty value in qualifications. The concept and types of the object of crime, their study is one of the main problems of criminal law at the present stage of development. It determines not only the appearance of the prohibition in criminal law, but also to a significant extent its structure, scope, as well as many features that characterize the corpus delicti (subjective and objective).
Object of crime: what is it?
The object of the crime (concept, types, meaning) is under the scrutiny of not only domestic, but also foreign lawyers. The theory, considering it as a legal good, was created at the end of the 20th century at the junction of the sociological and classical schools of criminal law.
F. Liszt (a German lawyer) wrote that the object of a crime should mean a vital interest protected by law. N.S. Tagantsev was of a similar opinion, he attributed to a crime an act that encroaches on the interest of life protected by the rule of law, which is recognized as so important at this time and in a certain country, that the state, due to insufficiency or absence of other measures, threatens an encroaching punishment .
At a later time, the object of the crime (concept, species, subject) was studied by V. N. Kudryavtsev, A. N. Trainin, N. A. Belyaev, N. I. Zagorodnikov, etc. As a matter of fact, to this day, this institution of law remains the most complex and controversial.
There is a traditional and long-established opinion that the object of a crime is nothing more than a certain circle taken under the current criminal law under the protection of public relations. This definition not only follows from the old legislation of past years, but also has a very reasonable basis for the current criminal code at the moment. It (in Part 1 of Article 2) outlines modern ideas about the totality of social relations requiring protection.
Classification and types of crime objects
After analyzing the content of the second article of the Criminal Code of the Russian Federation and the structural structure of its Special Part, it is worth paying attention to the fact that public relations under the protection of the criminal law are rather heterogeneous. This circumstance requires the separation of objects of encroachment in order to bring them into a certain ordered system and to understand them more deeply. In addition, this greatly facilitates the qualification process. Therefore, it is important to divide the types of objects of crime. The criminal law of Russia implies a traditional, three-membered system: general, direct, tribal. It was proposed by V.D. Menschagin back in 1938 and, in principle, is universally recognized.
The general object of crime
It is customary to understand it as the whole complex of social relations that are protected by the criminal law. Their number is comparable to the number of articles of the Criminal Code of the Russian Federation regulating responsibility for certain types of crimes. The concept and significance of the object of a crime of this type (general) is quite extensive, it has cognitive and practical significance. It shows a focus on public relations and the danger of criminal assault.
Generic object of crime
Under this type, as a rule, they understand the totality (group or system) of social relations that are of a uniform nature and which are protected by a specially provided criminal law, a set of norms. For example, those who establish responsibility for crimes are directed against the person or to the realization by citizens of their constitutional rights and freedoms.
The uniformity of social relations covering a generic object can be determined by the uniformity of interests, but they exist for the sake of their implementation. Their number is commensurate with the number of norms in the criminal legislation of the Russian Federation that determine liability for any specific types of abuse. Signs of a generic object are the basis for constructing the system of the Criminal Code of the Russian Federation in the Special Part.
Select a view object
Some authors (in particular A.V. Naumov) express an opinion on a four-stage classification, which at one time did not receive recognition in legal science, but at the moment it may well take its place. So, it was proposed that the types of objects of crime be supplemented by another, highlighting within the generic species. They will relate to each other, as part of the whole. So, based on the structure of the current Criminal Code of the Russian Federation, interests and norms on responsibility (for committing an infringement of them are placed in one section) are a generic object, and those that are indicated in a separate chapter are species. Sometimes they match. For example, section twelve of the Criminal Code of the Russian Federation and the thirty-fourth chapter, “Peace and Security of Humanity”. The following case can be cited as the main one. Section seven includes norms, the generic object of which is the individual, and the species - life and health (chapter 16), honor, dignity and personal freedom (chapter 17), sexual freedom and inviolability (chapter 18), etc.
Direct object
It is customary to consider it as a separate part of a special (species) object. Or, to put it another way, it represents certain social relations that are put in conditions of real danger or which have been harmed. In addition, he plays a major and decisive role in the qualification process. It establishes the specifics of individual crimes, which are directed against the same species and tribal object. For example, criminal acts such as causing grievous harm, committed with intent, or murder. In the first case, this is the right to health, and in the second to life.
All the listed types of crime objects make up the so-called vertical classification system. Bringing in accordance with it the structure of the Criminal Code (existing) in the Special Part should not only consist in the distribution of criminal acts by chapters. It is necessary that the immediate object of each crime attributed to it lay in the plane of the species.
Systematization "horizontally"
In addition to the above, there is another classification - "horizontally." In fact, it is a division into types of direct object of crime.
The division into main and additional was first proposed by D. N. Rosenberg. He was guided by the idea that any criminal action (inaction) causes harm or creates the threat of its occurrence in the sphere of not one, but several social relations. Therefore, with his qualifications, it is necessary to highlight what in this particular case seems to be the main one. The rest are additional and optional types of objects corpus delicti.
The main immediate object
Characterizing it, it is worth paying attention to the fact that the social content of this crime is an encroachment on the main object. In other words, this is the most valuable social good from the standpoint of public interest.It is most significant in the process of qualifying an act and determining a place in the general system of legislation of a specific norm (criminal law).
Additional object
By it is meant a certain public relation, a criminal attack on which does not form the content of this crime, but is violated by it or creates a threat of causing negative consequences along with the main object. For example, in the event of robbery, the main goal is the theft of property, but at the same time, harm or a threat of its occurrence for the life and health of people occurs.
Optional object
Its definition is formulated as follows - it is a public relation, which is changed in some cases by this crime, but not in others. In fact, it deserves individual protection from the criminal law, but in this norm it is protected along the way. The primary and secondary types of objects of crime differ from the optional in their bindingness. In the law, it is indicated in an alternative form, for example, in article 254 of the Criminal Code of the Russian Federation “pollution, poisoning or other damage to the land that resulted in negative consequences for the environment or human health”. That is, the consequences relate to one person, an alternative to the application of the norm is created.
Types of objects in two-object crimes
Under this category of criminally punishable actions (inaction) are meant those that have two or more immediate objects. Their composition qualifies as complex. Such a crime is called dual or multi-objective. There are not so many of them. For example, an article of the Criminal Code of the Russian Federation on robbery or robbery (No. 162). They are single complex crimes with two immediate objects: the property of a person and his health. Moreover, the second one for some reason (for example, the detention of a criminal) may remain incomplete. Types of objects in two-object crimes are the same: primary and secondary, optional.
Correlation of the concepts of “object” and “subject” of crime
If you refer to the presentation form in the field of disposition of certain articles of the Criminal Code of the Russian Federation in the Special Part, then perhaps pay attention to the fact that many of its norms are built without a direct indication of the object of encroachment. In these cases, as is known, a reference to the subject of a crime contributes to its identification. By it is necessary to understand the material object in which social relations find manifestation. If you pay attention to the design of many compounds, it becomes clear that in most cases it is not harmed. For example, when stealing property, the stolen thing does not experience any negative consequences and continues to fulfill its function.
The subject of a crime may be both movable property and immovable property, including that which has been withdrawn from civil circulation. However, it cannot be considered and understood as an object, since this is its material component. Many dangerous acts for society are committed through a certain impact on it, which can be absolutely diverse. All types of abuse, depending on the social nature, can be divided into two categories:
- replacement of social content (“legal shell”); for the most part, these are all means of changing actual ownership, while ownership of the property does not transfer from one person to another;
- the manufacture of a particular object (thing) or the transformation of its type, physical properties.
Thus, a certain type of public relations, for example, the right of ownership is an object of a crime, the subject will be a stolen item, for example, a telephone, wallet, etc. This leads to the conclusion that these two concepts are related as a whole and its part.The establishment in each case of the subject of the crime makes it possible to more fully establish the nature of the object of the crime, the degree of its danger to society and contributes to the administration of justice.
The role of the object of crime
The concept and significance of the object of crime, its role in practical and theoretical activities is difficult to overestimate. Strictly defined and developed grounds for the selection of values that need to be protected and protected among many others are required for scientifically substantiated improvement of legislation in this area. The task is achieved by conducting a range of special studies, which are based on the theory of criminalization and decriminalization.
The concept and types of the object of crime have diverse practical meanings in law-making and law enforcement. For the process of developing laws, first of all, an important role is played by the vertical classification. It is necessary to determine the general concept of a criminal act, an approximate list of the main objects on which crime encroaches. And also in order to build a system of the Special Unit in the Criminal Code of the Russian Federation.
AT practice when qualifying, delimiting certain acts from similar and related compositions, an important role belongs to the immediate object. In addition, his participation is revealed in the design of articles and individual legislative norms.
