Types of crime. The concept of crime. Qualification of crimes

Legal science is considered quite complicated. Moreover, its criminal element has a lot of nuances and features. For example, before the offender receives the punishment, it is necessary to understand all the circumstances of the atrocity, to determine its signs, appearance, and composition. That is, you have to dig a long time in the Criminal Code. Kinds corpus delicti - This is also an important issue. It allows you to more accurately determine the qualification of the offense and choose the appropriate punishment for the law.

The concept of "crime" and "crime"

First, consider the general meaning of the terms presented. To begin with, we will see how the first concept interprets law. A crime is an act that is defined by law as such that could be dangerous to society. Naturally, it should have a composition and features. A criminal offense is an action that is prohibited by the Criminal Code of the state, and also provides for appropriate punishment.

Now consider the main term of the article. The corpus delicti is a set of signs of an action that is defined as socially dangerous. It should be noted that the joint venture is sufficient and the only indicator that can speak of a violation of the law. Only if all the signs are present, the state law enforcement agencies can consider the person’s action as a crime.

Joint venture elements

Before considering the types of crime, it is necessary to learn about what constituent parts of it exist. So, among the elements of the joint venture, we can distinguish the following:

• Subject. This, in fact, is the sane person who has violated the law and has already reached the age that allows her to be responsible for her actions.
• The subjective side. This concept represents the internal, psychological state and activity of a person, which is associated with the commission of a crime and its preparation.
• An object. This is a social relationship, which is defined by law as the norm, and on which an infringement is committed that brings harm.
• The objective side. This is an external manifestation of a socially dangerous action on the indicated relations produced by the subject.

Signs of a joint venture

Among them, we can distinguish the main and optional. In the first case, they will be mandatory for all offenses of any type. In the second, signs may appear in some crimes, and be absent in others.

The main ones include:

1. Wines. This is the person’s own mental attitude to the crime that she committed, as well as its consequences.
2. Age. Only those who have reached 16 years of age (in some cases 14) can be held liable.
3. Sanity. This indicator is determined by a special medical advisory commission. It also depends on what type of punishment the offender will receive.

Optional features include the emotional state of a person at the time of the atrocity, his purpose and motive.

SP classification

Now you will find out what types of crime are:

1. The degree of severity of danger to society and the nature of:

• Main. It is characterized by the fact that its features are common with all corpus delicti of the represented group.
• Privileged. Its feature is extenuating circumstances.
• Skilled. It is characterized by a completely different sign. Are him aggravating circumstances.

2.By the method of description:

• Plain. It is characterized by only one act, object, consequence and form of guilt.
• Complicated. Here, a person can already perform a set of actions. Moreover, in this case, several forms of punishment are provided: a prison term and a fine.

3. By design features:

• Material. It includes both the act and its actual consequence.
• Formal. In this case, the consequences are not indicated. That is, it contains only an act (hooliganism).
• Truncated. Here there is a transfer of action to the stage of preparation for the commission of a crime, for example, the creation of a gangster group.

These are, perhaps, the main types of crime.

Stage offenses

Next, consider what constituent parts of the atrocity exist. So, a criminal offense can be divided into the following stages:

1. Training. At this stage, the subject plans his activities: selects a suitable place and means, discusses how to hide traces. Naturally, a person is prepared only if his crime is intentional.
2. Attempt It represents an unfinished crime, and may have a separate form of punishment.
3. Complete crime. It is valid if the violation of the law by a person satisfied his motive, and was brought to an end.

The concept of a crime, as well as its division at the stage, is rather arbitrary. Therefore, the Criminal Code spells out all the possible nuances and features. In addition, the intention of a person to commit a crime cannot be considered a stage.

Crime Categories

You have already considered the concept of crime. Now you should understand what qualifications are. Most often, experts classify offenses by severity:

1. Lungs. These include those atrocities that are punishable by imprisonment of no more than 2 years. One of these crimes, for example, is murder in excess of permissible defense measures.
2. Moderate Such offenses may be punishable by imprisonment of up to 5 years. These include killing by negligence, various thefts, abuse of authority or abuse of them.
3. Heavy. For them, a person can be given up to 10 years in prison.
4. Particularly severe. For them, the offender receives the maximum punishment allowed by law - more than 10 years or another (life imprisonment). The death penalty as the highest measure has been abolished to date. This form of punishment is applied mainly to those people who committed murder with aggravating circumstances, encroached on the lives of law enforcement officers, and engaged in terrorism.

How serious crimes have been committed helps to establish the type of responsibility. This indicator is taken into account both at the stage of investigation and in court. This qualification of crimes is fundamental and is used in international law.

Who is considered an executor, organizer, accomplice?

Serious crimes are always punishable by imprisonment. However, it should be clear who exactly should be responsible. So, the performer is that person who directly or with intermediaries committed illegal actions. The organizer is a person who prepared favorable conditions for the atrocity, supervised its execution.

An accomplice is a person who helps the subject in various ways (by advice, by providing funds for the commission of an offense). As for incitement, in this case one person can persuade another to atrocity. For this, coercion, persuasion, threats, bribery are used. Moreover, the will of the subject of the crime is not oppressed.

Finished and Unfinished Crime

It should be noted that not all offenses are necessarily punishable by a maximum prison term.The fact is that the qualification of crimes provides for a crime that was completed, but did not reach its completion.

An offense is considered to be such a crime in which the subject achieved his goal in full: caused the death of an opponent, committed a robbery. If he refused to carry out bad actions before the result, or prepared, but could not make the offense, then it can not be considered complete. In this case, a person may receive an easier punishment than the corresponding article provides.

Now you know what a crime is, signs, composition, types and its stages. Try to be a law-abiding citizen, because any evil is punishable.