The versatility of human relations is sometimes quite striking in its scope. Because in the modern world, people discovered such forms of communication that 20 years ago were something unrealistic. However, there are areas of human life that have not changed for centuries. That is, a thousand years ago they were reinforced by the same human desires and thoughts as they are at present. In addition, these areas can be both negative and positive. As regards the regulation of human relations, in the process of lengthy searches, their most universal coordinator was identified. Today it is known to almost everyone and is called law. Through this socio-moral category, control over all existing social relations is carried out.
It should be noted that some areas, as well as the form of their regulation, have their own specifics. Some of these are legal relations arising from the most serious violations authorized by the state of norms. In this case, we are talking about criminal crimes, which in all countries of the world are nothing more than the most socially dangerous acts. However, in this article, the author would like to consider not the branch of criminal law itself, but subjects whose norms of behavior cover it. After all, the subjective composition of criminal law is interesting for its duality. In accordance with this, all subjects are divided into special and general, which will be discussed later in the article.
Criminal law: industry concept
Features of crimes and their types are those issues that are revealed directly by the criminal law of the Russian Federation. In addition, a special subject of crime is also provided for in the provisions of the main regulatory act of the industry. However, before considering its features, it is necessary to analyze the specifics of the criminal law itself. First of all, it is necessary to highlight the concept of this legal industry. In the Russian Federation, criminal law is a system of legal norms that govern public relations in the field of criminal acts, as well as the imposition of punishment for them. In other words, criminal law is a branch of “crime and punishment”. In addition, there is also the science of the same name and academic discipline, the provisions of which are created to modernize legislation and train professional lawyers.
Subject of criminal law
Criminal law has always been a specific industry for two reasons. Firstly, it provides for the most “powerful” and most stringent regulatory method. Secondly, criminal law has a special set of regulated social relations, which are called the subject. The specificity of the subject is largely due to a mandatory factor - a crime. That is, this legal event, so to speak, is the starting point for launching the mechanism of criminal law regulation. In addition to this, all social relations of a criminal law nature, without exception, are divided into two large groups, namely:
1. Relationships are protective. They arise between law enforcement agencies and persons committing socially dangerous acts. In this case, the first party decides for what specifically to bring the offenders to justice and what measure of punishment to apply.
2.Regulatory legal relations are connected with the prevention of society through the introduction of severe sanctions for socially dangerous acts. That is, criminal law, as it were, informs society about the negative aspects that can befall everyone, without exception, if a person commits a crime.
Given the above features, we can conclude that public relations always arise between individual subjects of criminal law. Some of them are characterized by individual features. These include the special subject of the crime in criminal law.
Crime and its components
It should be noted that the special subject of a crime in criminal law is, as we understand it, an integral element of a socially dangerous act. To consider its features, you need to understand what constitutes a crime from a legal point of view. According to the developed theory, crime is the most dangerous social act that brings the greatest harm to social relations. Usually, upon the commission of such an act, a qualification is made. However, it is impossible to implement if you do not know the elements of the offense to which the special subject belongs.
In the theory of criminal law, the following elements are commonly attributed to elements of a corpus delicti, for example:
- subject;
- an object;
- the objective side;
- subjective side.
All the elements presented carry some information about the crime committed in each case. As for the subject of the crime, this element is quite important, since with its help you can see who is affected by the criminal liability.
Who is the subject of the crime?
For a very long time in criminal law there was no consensus on the subject of the crime. The problem was that scientists could not figure out whom to classify as a particular element of a socially dangerous act. But today, a single concept of this criminal law category has nevertheless been formed. Moreover, they, as a rule, are characterized by both a general and a special subject of crime. According to the theory and key concepts of criminal law, the subject is a person who acts on the objects of the criminal legal industry and is able to bear responsibility for their illegal actions.
It should be noted that the subject of crime is endowed with a number of peculiar features that characterize him and make it possible to qualify a person as part of a socially dangerous act. The most common features that are endowed with virtually all subjects without exception characterize the standard form of this element of crime. At the same time, there are times when a person is characterized by unique signs due to a socially dangerous act. In this case, we can talk about the presence of a special subject of the crime. The presence of this element leads to changes in the qualification of the crime, according to the criminal law.
Special subject of criminal tort
To date, the theory of criminal law has formed the concept that a special subject of a crime is a person who has both common features of a subject of a socially dangerous act and special ones that are necessary in a particular case of legal liability for a specific crime. In order to understand what this category is, you need to look at some criminal law norms. If you study them carefully, it becomes clear that certain crimes are “constructed” in the criminal law in a specific way.That is, not all persons can be held responsible for the commission of these crimes, but only those who are endowed with special features. It should also be noted that the concept and types of a special subject of a crime are related categories. Because it is in the classical understanding of this theoretical aspect that the principles of its classification into smaller elements lie.
Different aspects of understanding a special subject
Special today subject of crime, concept and signs which is presented in the article, is not a completely “refined” category from the point of view of legal theory. In other words, there is no consensus among scientists about the definition of a special subject. As a rule, several theories on this subject stand out at once, namely:
- a special subject is a person with general and specific characteristics;
- this is a specific person who is inherent in the features described in a separate disposition of the criminal law norm;
- a special subject is a person with special characteristics, by virtue of which he may be the subject of a specific crime.
Of course, the concepts presented above are not exclusive and unique. The special subject of a criminal offense is a category that is being studied and modernized constantly, due to the scientific interest that it arouses among many scientists.
Where are the signs of a special subject fixed?
The general and special subject of crime is not only purely theoretical categories. They also play a significant role in the process of practical application of the provisions of the Criminal Code and other acts of criminal law. In addition, it is in these regulatory acts that both the general and the special subject of the crime are fixed. An article taken separately and the chapters of the Criminal Code of the Russian Federation prove this fact. For example, in chapter 30 socially dangerous acts against the public service, government, and local self-government are fixed. The subject of these crimes can only be an official. In addition, in a large number of cases, to establish a specific number of crime subjects, it is necessary to use the provisions of normative acts of a non-criminal nature.
The importance of a special subject in criminal law
Very often in the scientific community the question arises of what role the special subject of crime plays in law. The Criminal Code in this case provides almost no answers. Only certain signs of the presence of a special person in each specific case are fixed in this normative act. The definition, meaning and other theoretical categories were formed already in the process of understanding a special subject. There are several key points that explain the issue of the meaning of this category.
First, a special subject of a crime very often acts as a constructive constituent element. That is, along with other elements of a socially dangerous act, a special subject has the same weight. Simply put, if there is no person endowed with certain characteristics, then it is impossible to talk about the existence of a crime. Secondly, in cases stipulated by law, a special person acts as a qualifying feature. As a rule, this situation can be seen in articles with several parts. The presence of a special subject in this case aggravates a perfect act. Thirdly, in some situations, a special person may be punished by an individual method of punishment. Thus, we are talking not only about the aggravating significance of the presence of a special subject, but also about the mitigating one.
All the features presented prove that the special subject is not just an ordinary category, the existence of which can be disputed in any way, but a real element of the crime, which plays a key role in the process of qualifying some socially dangerous acts stipulated by the Criminal Code of Russia.
Types of special subject of crime
Earlier in the article, the author pointed out that the presented category is nothing more than a combination of certain features that should be present in some cases, due to the specifics of individual crimes. If we analyze the Criminal Code, it becomes clear that there are a lot of such cases in the law. In addition, the gradual development of the criminal justice industry gives rise to their rapid growth. Thus, the various features need to be sorted somehow. This process is carried out by their classification. That is, under the words "types of classification", scientists, as a rule, mean various blocks of homogeneous signs, on the basis of which various special subjects are distinguished. To date, there are the following sets of signs:
1. Description of subjective legal status. A number of these signs show how a particular person is associated with the state. Typically, this unit includes the following features: position in government, activity, legal status, authority of the post, status as a participant in the trial, medical activity, etc.
2. The second set of characteristics characterizes a person according to socio-legal and psychophysical properties. This includes the gender and age of the individual, his biological health.
3. For the qualification of many crimes of great importance is the nature of the role of the tasks performed during the commission of crimes. In this case, the classification of subjects is carried out by analyzing their participation in the entire socially dangerous process. Based on this, the following types of entities are distinguished, for example: organizer, participant and leader.
It should be noted that the classification of subjects plays a large role not only for criminal law science, but also for the practical activities of law enforcement and judicial authorities. By clarifying the role and characteristics of a person, many legal issues can be resolved. For example, the responsibility of special subjects of crime.
Conclusion
So, in the article, the author explained what a special subject of crime is. The concept and features were also presented taking into account all the theoretical developments in this area of criminal law knowledge. Nevertheless, despite the development of this category, its modernization is still required for more accurate application in practical jurisprudence by law enforcement agencies and individual lawyers.
