Headings
...

The totality of crimes: concept, article. Assignment of punishment for the totality of crimes

In some cases, the subject commits not one, but several crimes at the same time. This, undoubtedly, should be reflected in the qualification of his actions when bringing him to justice. totality of crimes

Multiplicity

It takes place when a subject commits two or more crimes of an independent nature. In addition, each of its acts retains its legal significance. The latter means that the citizen was not exempted from liability, and the statute of limitations did not expire, or his criminal record was not withdrawn and not canceled. Current legislation distinguishes between two forms of plurality of acts:

  1. Set of crimes (article 17 of the Criminal Code).
  2. Relapse.

Consider the first category in more detail.

Set of crimes

The Russian Federation, being a democratic state, guarantees through the adopted laws the protection of the rights of people who are its citizens. The Criminal Code acts as one of the normative acts strictly regulating the responsibility of entities encroaching on human interests. Criminal Code considers the totality of crimes as the commission of two or more acts. Moreover, the person guilty of them was not convicted of any of the episodes. There are exceptions to this definition. The commission of two or more acts may be provided for by the rules of the Special Part as a circumstance that entails a more stringent responsibility. The concept of a combination of crimes involves the commission of one action / inaction falling under two or more criminal norms.

Specificity

Based on the above definition, we can distinguish the following signs of a combination of crimes:

  1. The presence of two or more acts. This sign means that each crime has the character of an independent, separate violation of the law.
  2. Lack of criminal record for acts and simultaneous imputation. This means that the totality of crimes form only those attacks that have not yet lost their legal significance. They carry the legal opportunity to become the subject of litigation in court.

The subject cannot be held liable if the statute of limitations for his act has expired, it is canceled by the decree on amnesty. It is not allowed to begin prosecution in the absence of a complaint from the victim, upon reaching reconciliation of the victim and the perpetrator. The proceedings cannot take place if the subject was relieved of responsibility on other grounds provided for by the norms. crime concept

Distinctive features

The totality of crimes provides that the acts included in it may be diverse or homogeneous, identical. In other words, they can qualify for one or for different criminal burrows. The totality of crimes must be distinguished from competition of compositions or laws. The latter involves cases where the act includes both compositions covered by different criminal norms or parts thereof. In such situations, it is necessary to resolve the issue of qualifications. It can be carried out according to all criminal norms under which the act falls, or according to one of them in which the signs of a crime are most adequately reflected. The issue of overcoming competition is decided by part three of Art. 17. It says that if the act is covered by special and general norms, then the totality of crimes is absent, and responsibility comes under special. normal.

Classification

The totality of crimes of the Criminal Code of the Russian Federation is divided into real and ideal. The first occurs when:

  1. Each act committed is recognized as completed.
  2. One of the crimes acts as a preparation for an assault of a particularly grave or grave nature. For example, it could be the theft of weapons and the commission of a terrorist act.
  3. The subject in one case acts as an executor, and in the other or both, as an instigator, organizer, or accomplice.

The ideal combination is one inaction / action, in which there are signs of crimes covered by two or more criminal norms. In this case, it will not matter whether such attacks are provided for by one or more provisions of the Special Part of the Code. For example, sexual contact committed by an adult who knew that he had a sexually transmitted disease with a person under 16 years of age, which caused the victim's infection, would be considered an ideal population. Under the circumstances, the assault must be qualified by Art. 134 and h. 2 tbsp. 121. A sentence of a combination of crimes will take place during the abortion of several women in the same place and at the same time by a person who does not have a medical education of the necessary profile. Self-qualification is subject to unlawful termination of pregnancy in each of the women. cumulative punishment

Another form of plurality

In practice, cases of the commission of acts by convicted persons are not uncommon. Crimes can take place during the period of serving a sentence according to a previous sentence or with conditional conviction / postponement under Art. 82 during the trial period. Illegal acts are also committed during the unexecuted time during parole. In criminal law theory, a combination of sentences is usually not considered a plurality of crimes. She, in turn, as a legal category with this approach to a certain extent is impoverished. The definition of a set of sentences is not disclosed in criminal law. This category is not explained by the decisions of the Armed Forces. According to some authors, this state of affairs is due to the fact that in criminal practice for a sufficiently long time the aggregate of sentences was identified with relapse. Moreover, the rules of holding liable for the repetition of the offense under consideration, although they were present in the General Part, did not have the name of the category.

Multiple indictments

The totality of sentences, as some experts note, should not be equated with relapse. These categories are combined (or coincide) only partially. The totality of sentences - in its content - is a broader definition than relapse. It is not combined with him in those cases when, after the indictment is passed, a new act is committed by minors or through negligence.

At present, the determination of the totality of sentences covers not only relapses, that is, deliberate assaults that took place before repayment of criminal record by past indictment taken into account when recognizing this form of plurality. This category includes the commission of other acts. For example, those that took place prior to serving a sentence by a subject with a criminal record, which is not taken into account when recognizing a relapse, as well as after the pronouncement (pronouncement) of a sentence, but before its entry into force. In the latter case, accordingly, the person does not yet have a criminal record for the offenses committed. crime indicators

Punishment of cumulative crimes and sentences

Certain limits and the procedure for holding accountable under various forms of multiplicity are envisaged. The Plenum of the Armed Forces in paragraph 34 of the Resolution of January 11, 2007 clarifies a number of important points. In relation to Art.70, which regulates the procedure for punishing the guilty according to the totality of sentences, the rules of this rule are applicable in those cases when the subject, after the pronouncement of the indictment, but before the full departure of the sanction imputed to him, committed a new assault. This provision was developed in paragraph 36 of the said Regulation.

In particular, the Supreme Court clarifies that if a subject commits a new act after a decision is made for a past crime, the court should proceed from the fact that, in connection with the fact that the adoption of the verdict ends with its declaration, the procedure established by Art. 70, shall also apply in cases where, at the time of establishing the fact of a new crime, the previous sentencing decision did not enter into force. This approach, however, has opponents. A number of authors, in particular, argue that if a new act took place after the conviction was passed and entered into force, then the punishment comes in the aggregate of sentences, but if it was before the act gained its strength, then it is a combination of crimes. cumulative punishment

Combination

The totality of sentences can be combined with a relapse or a combination of crimes. The first is recognized if:

  1. The convicted person commits a new intentional of medium, special gravity or grave after the indictment on the previous assault entered into force, but before the end of the preventive measure.
  2. The crime on the first sentence was committed upon reaching 18 liters.
  3. According to the initial decision, which gained strength, the subject was convicted of moderate, grave, especially grave intentional deed.
  4. There are no other circumstances that preclude relapse. cumulative sentence

Lack of combination takes place in cases when:

  1. A new assault is committed after the pronouncement of the judgment, but before it takes effect.
  2. The subject was convicted of the initial indictment for an act that occurred when he was not 18 years old.
  3. The person has had a previous conviction in connection with bringing him to justice outside of Russia.
  4. There are other circumstances that preclude the recognition of relapse.

When combining the totality of sentences with the totality of crimes, the rules of imputation of punishment have a number of features. This procedure is explained in paragraph 33 of the aforementioned decision of the Armed Forces. So, in the course of the case, it may be revealed that the convicted person was guilty of other acts, some of which he committed before, and others - after the adoption of the first court decision. Under the second indictment, punishment is first charged for the aggregate of crimes that took place prior to the 1st ruling. Then the preventive measure is selected in accordance with the rules of the fifth part of Art. 69. After that comes the sentence for the aggregate of crimes that were committed after the adoption of the first decision. The final measure is charged under the rules of Art. 70.

Continuing and continuing deeds

The imposition of punishment on the totality of crimes differs from the election of sanctions in the assault, which consists of several acts, united by a common goal. From a legislative point of view, such episodes form a single whole. They form a continuing crime. This category, for example, includes systematically repeated daily thefts committed by the warehouse manager, bringing the wife to her husband to suicide through constant bullying, and so on.

Lasting is called a criminal state. It is expressed in the form of inaction, which may begin with action. For example, desertion is the abandonment of a duty station or military unit. It is expressed in action. Subsequently, it continues with the inaction of the subject. It ends with a confession or detention. At the same time, a lasting act can be expressed by inaction from the very beginning.For example, such crimes include malicious evasion of alimony in favor of children or disabled parents. cumulative punishment

Conclusion

The multiplicity of crimes in practice in many cases creates a number of problems for the investigation and prosecution authorities, as well as for the courts. As can be seen from the above provisions, the legislation contains a number of gaps that are extremely important to address. One of them, in particular, concerns the consideration of cases and the imposition of sentences on the totality of court decisions. In this case, the responsibility for the proper application of the provisions of the law lies entirely with the judicial authority. It is worth noting that the explanations given in the decision of the Supreme Court do not cover all the difficulties that may arise when considering cases in criminal proceedings.

In this regard, it is extremely important to analyze the existing practice in such cases, generalize solutions and find common approaches to solving problems. Undoubtedly, the exact interpretation of the concepts by the legislator is also of importance. In some cases, the absence of certain definitions creates obstacles to the subsequent application of the rules. Nevertheless, existing practice shows that on the basis of the current provisions of the Criminal Code, it is possible to consider the crimes committed without particular difficulties and make informed decisions on the totality of the episodes.


Add a comment
×
×
Are you sure you want to delete the comment?
Delete
×
Reason for complaint

Business

Success stories

Equipment