This article will clarify what constitutes the concept, subject, objectives of criminal law. The criminal law of the Russian Federation is a certain set of rules that are adopted by the highest authorities and determine the punishability, as well as the criminality of acts that constitute a danger to public relations.
Subject of criminal law: definition of a concept
The subject includes the totality of relations arising between the criminal and the state. The concept and subject of criminal law imply the commission of a criminal act, on the basis of which the punishment is subsequently applied.
There are three types of legal relations, which together form the subject of criminal law:
- Protective relations arising through the commission of an act between the state and the subject of the crime.
- Relations that keep a person from committing a criminal offense.
- Relations arising as a result of circumstances that exclude signs of crime in the act committed.
Criminal law system
The subject and system of criminal law are characterized by two similar features:
- Based on general norms and principles of international law.
- They are based on a system of principles of social values enshrined in the Constitution.
The system involves the division of criminal law into Special and General parts. They are studied separately, but exist in close and inextricable unity with each other. It is impossible to correctly assess and understand the provisions of the Special Part without resorting to the teachings of the General.
a common part
This section examines the subject of criminal law, objectives, principles, as well as its relationship with other industries. It is mainly devoted to the problems of criminal liability. Particular attention is paid to the legal and socio-political concept of crime, its features and structure. The general part is subject to study in order to correctly qualify the criminal act.
Also listed here are circumstances that can exclude the crime of an act committed. The general part studies:
- purpose and concept of criminal punishment;
- the role and place of sanctions imposed on the perpetrator;
- questions of exemption from punishment upon active repentance;
- exclusion of punishment after the expiration of limitation periods;
- features of liability by minors;
- the role of coercive medical measures in applying sanctions to the perpetrator.
Special part
The subject of criminal law includes a Special Part, which is devoted to the study of specific types of crime. The description of all dangerous acts is contained in the sections and chapters where it is ordered and systematized. The general part is devoted to the study of the Criminal Code and all existing corpus delicti.
It fixes crimes against:
- health, life and personality;
- constitutional freedoms and human rights;
- dignity and honor;
- minors and families;
- sexual integrity and freedom;
- property;
- economic security;
- interests of commercial and other organizations;
- safety of operation of transport and traffic;
- environmental safety of the state;
- public safety;
- computer information;
- state security and constitutional order;
- state power, compulsory medical insurance, as well as the interests of public services;
- justice;
- order of command and military service;
- security and peace.
Tasks
In criminal law, tasks are divided into two main categories:
- preventative;
- security.
Each of these tasks has its own distinctive features, but at the same time it pursues a single goal aimed at preventing crime, its suppression and the fight against it.
Security task
The subject of criminal law includes a protective task aimed at protecting human health, public order and security. Means of solving this problem are:
- definition of a circle of a criminal act;
- establishing principles and grounds for criminal liability;
- establishing the method of punishment.
At the same time, it must be borne in mind that the possibility of protecting public goods through protective measures is very limited. Most of the criminal legal relations arise after the commission of a criminal act, when the protected values have already been damaged. In this case, it is not possible to restore the violated legal relationship.
Warning task
The subject of criminal law includes preventive methods of influence. The warning task is solved by:
- Assignment of punishment, pursuing the goals of general and special prevention, to persons who were found guilty of a criminal act.
- The use of general psychological measures of influence on persons who commit crimes or allow various illegal deviations in their behavior.
- Inclusion in the Criminal Code of the norms of voluntary refusal to commit a criminal act.
The norms according to which repentance of a person can serve as a condition for exemption from punishment have a warning value. Norms regarding circumstances precluding crime acts, on the one hand, they actively stimulate counteraction to dangerous encroachments, and on the other, they are an example for criminals, which demonstrates the state’s willingness to protect its citizens from illegal acts.
Summing up, it should be noted that criminal law, tasks, the subject and its system are inextricably linked with each other. All these elements are complementary, they form a single whole criminal law science.