In our country, even preparing for the commission of a crime is already a wrongful act. All circumstances of this issue are considered in Art. 30 of the Criminal Code of Russia.
Criminal intent
Sometimes violators carefully prepare to commit a crime. They carefully study the situation, adjusting it if necessary to create the necessary conditions. Sometimes a whole plan is drawn up, for the implementation of which the necessary means and tools are selected. But sometimes, due to a combination of unforeseen circumstances, it is not possible to bring its criminal intent to its logical conclusion. Nevertheless, there remains a clear attempt to deliberately commit an unlawful act. Similar actions are considered by Art. 30 of the Criminal Code.
It has three components, each of which qualifies the actions in one way or another, highlighting them according to certain criteria. Art. 30 of the Criminal Code only specifies for which crime the perpetrator committed all his actions. In this case, it makes it possible to understand what the violator wanted to achieve and what means he used for this. All evidence found during the investigation should indicate the intent of the suspect. Only then, in accordance with the law, can it be brought to justice under this article. In considering the circumstances of the case, no approximation or conjecture should be allowed. Facts should clearly state intentions.
Preliminary preparation
The actions of citizens related to the preparation of a future crime are considered in Part 1 of Art. 30 of the Criminal Code of Russia. These should be actions that have a clear focus:
- Search or manufacture of tools or other means by which the accused intended to achieve the desired goal. This may include the acquisition of a firearm or other weapon, as well as the manufacture of it with your own hands.
- Creating the necessary conditions that could subsequently lead to real harm to another person.
- Search for other people who could contribute to the commission of the crime, as well as remove the preliminary conspiracy.
If at least one of the listed signs is present, then we can confidently talk about the fact that a particular citizen was preparing to commit a future crime. It must also be remembered that all these acts are only a condition for the offense, and not its cause. Of course, the measure of subsequent punishment will depend on this.
Terms of Action
Art. 30 of the Criminal Code in the second part determines the conditions that are necessary so that the suspect could be brought to justice. Here the question relates to the qualification of the crime. It must have the status of severe or especially severe. This condition is required.
In cases where a crime of moderate or minor gravity is committed, such a charge is not presented. Previously, under the 1996 Criminal Code, this was possible. Then the question was adjusted based on the social danger of the act. Right now, actions that pose a minor threat are not preparations for a crime. First, the particular danger and gravity of the act must be proved. That is, the court needs confirmation that the possible outcome of the event necessarily poses a real threat to society. Only after this can such actions be considered as a crime that could not be completed as a result of an accidental combination of circumstances.
Criminal attempt
Sometimes a person intentionally performs some actions that are aimed at causing specific harm. But for various reasons beyond his control, this does not lead to the desired results. By law, such acts are qualified as attempted crime. This is evidenced by article 30 of the Criminal Code of the Russian Federation in its third part. In this case, the selected object is exposed to a specific threat, which, of course, increases the level of danger of misconduct. But there are circumstances when the accused in a particular situation simply does nothing, and this is what contributes to the commission of the crime. Inaction can also be a threat if everything is done intentionally.
As a result of all of the above, we can conclude that an action is considered an attempt to commit a crime only when the following signs are clearly present:
- intent or intent;
- all actions (inaction) are aimed at committing this crime;
- the offense is not completed;
- the reasons that prevented the commission of a specific crime did not depend on the will and desire of the accused.
Only then can the court apply the third part of this article in relation to it.