Today, not only in Russia but throughout the world, the fight against crime is becoming increasingly important. Experts note that the most important element of a crime is its subjective side, which is based on the principle of guilt. It states that a person can be subject to criminal punishment only if his guilt is determined. In this regard, the concept and types of intent acquire special significance today. The correct definition of intent as guilt is the basis of legality in our country.
Concept of intent
There are two forms of guilt: intent and negligence. According to statistics, the proportion of the first in the total share of crimes is more than 90%. This suggests that only one in ten criminal acts is due to negligence.
Intent is a mental attitude in which a person in the course of a crime understands the danger of his actions, anticipates the possibility of socially dangerous consequences, desires them or does not consciously interfere with this. Together with intent, the consciousness of wrongfulness is often considered. It means that a person consciously committed a crime, while realizing that he was facing punishment.
The content and types of intent do not include this concept. The consciousness of wrongfulness is closely connected with the signs of the object of the crime. When a deliberate crime is committed, it should be considered in accordance with the consciousness of the object of the offense, even if the act was actually aimed at a different purpose. For example, if a criminal wanted to commit the murder of a law enforcement officer, and in a real situation causes harm to a person who is not in the service, the act will qualify as an attempt on the life of an employee of the organs.
Intent and its types in criminal law are of great importance both for the detection of crimes and for the rule of law. Desire as a factor of intent is the desire for a certain result. The offender, committing an offense, receives inner pleasure. In this case, the expression “the end justifies the means” is ideal. The culprit does everything to get the desired consequences.
Classification of Intent
Types of intent differ depending on factors and the place of mention. So, for example, according to the Criminal Code of the Russian Federation, there are two types of intent: direct and indirect. In practice and the theory of jurisprudence, they are distinguished by the time of occurrence and the degree of certainty. In turn, the first is divided into sudden, premeditated and affected. According to the degree of certainty, a definite and indefinite intent is distinguished.
Direct intent is different in that a person is aware of the danger of committing a crime, anticipates the inevitability of an act, and desires it. Indirect intent - the attitude of the offender, in which he understands the danger of the offense, does not want to receive negative consequences, but admits them and does not prevent this.
Types of crime intentions by the time of occurrence vary in degree of danger. The most serious type is a deliberate delinquency. Such an act is committed through a time period during which the offender carefully plans his every action.
A sudden intention means that a person committed an act immediately or after a short period of time. Such crimes have the highest detection rate.
A certain intent is distinguished by the presence of a clear understanding of the qualitative and quantitative indicators of damage that will be caused in the commission of a crime.
Uncertain intent is understood when a person has a general idea of the consequences of an act. For example, when striking the head, a person realizes that the victim will be injured, but does not know how serious the damage will be.
The meaning of intent is difficult to overestimate. Indeed, the motive of the crime is formed from this, which is one of the most important factors of the offense.
Intellectual element of intent
Types of intent are not fundamental factors in dividing this concept into elements. There are two types of intent: intellectual and indirect. Both are common, and equally apply to both direct and indirect intent.
The intellectual element reflects the consciousness of the subject of the crime. It is formed by two factors: awareness of public danger when committing an offense and anticipation of the consequences. Criminal law draws attention to the fact that the intellectual element of direct intent is more a consciousness of the wrongfulness of an act and the inevitability of consequences.
Indirect intent in this sense is distinguished by the fact that the person committing the crime is able to anticipate the real possibility of the onset of consequences, and does not interfere with this or is indifferent.
Volitional element
As a volitional sign of a crime is the desire for a certain result. It can be achieved through various actions, such as a special assumption of consequences or an indifferent indifferent attitude. The consequences can be in the form of an end result, as well as a means of achieving it. For example, if the motive is murder out of jealousy, then the main desire - causing death - is achieved at the last stage of the crime. If the crime is committed out of mercenary motives, for example, obtaining an inheritance, then murder as such acts simply as a means to an end.
The deliberate assumption of consequences means that a person does not interfere with the commission of a crime by his actions (or inaction) and deliberately makes events take their course, which will lead to certain consequences. The strong-willed sign of intent consists of a person’s attitude to the crime itself.
Direct intent
A crime committed with direct intent is an offense in which a person realizes the possibility of consequences dangerous to society, and wants them to come. At the same time, a person understands both the factual side of the act and the social, that is, social danger.
Guilt in the form of direct intent is a person’s awareness of the essence of the crime, the prediction of its consequences and the desire for their onset. More often than not, perpetrators understand that they are illegal. However, there are situations when a person commits a crime without knowing it. In this regard, there is the expression "ignorance does not exempt from liability." The Criminal Code of the Russian Federation says that a crime will be recognized as intentional if the perpetrator did not realize the wrongfulness of his actions.
Types of direct intent are two versions of his foresight. The first is characterized by an awareness of the inevitability of the consequences of the crime, that is, a person, committing an act, must understand the factual side. For example, if you shoot straight at a loaded pistol, the victim will die with a 99% probability.
The second option is that the person foresees the possibility of the onset of consequences that are dangerous to society. A person who wants to achieve a certain result is confident that he will come to his goal.But sometimes the consequences can be defined as really possible, that is, there is no guarantee and confidence that the development of events will develop in this way.
The value of guilt in the form of direct intent is established depending on the attitude to the crime of the offender. Most crimes committed on the territory of the Russian Federation are of a formal nature, that is, the goal is the very fact of socially dangerous acts. Types of direct intent can also be material in nature. This means that the object of the criminal’s desire is the harm that he causes to the object.
Features of Indirect Intent
A crime is recognized as committed with indirect intent, if a person was aware of a social danger, foresaw the possibility of negative consequences, did not want them, but consciously allowed or maintained indifference.
Direct intent and indirect are similar on such a basis as awareness of social danger. But the second factor - the prediction of the possibility of consequences that are dangerous to society - distinguishes the types of intent in criminal law. With indirect intent, the inevitability of consequences becomes impossible, since it is a sign of only a direct type of intent. In addition, the apprehension of the possibility of the onset of dangerous consequences for society with indirect intent differs in the nature of the apprehension.
With direct intent, the offender sees a greater degree of probability of serious consequences, and with indirect intent, a smaller one. However, a more real possibility of a socially dangerous result.
Types of indirect intent determine the mental attitude of the guilty to the possibility of certain consequences, that is, the person admits them. Because of this, this type of intent is possible only for material offenses, since the consequences here are presented as a mandatory feature. Formal offenses may only be intentional.
The intent, its forms and types are the most important factors in the correct qualification of the crime, assessment of its severity, as well as the establishment of punishment for the guilty. Before determining which article to judge a person by, it is necessary to take into account all the reasons: the type of intent, the motive for the crime, the circumstances in which it was committed, etc.
Types of intent in criminal law from a practical point of view serve to correctly qualify offenses with material composition. When establishing direct intent, in relation to grave consequences that, due to various circumstances, did not occur, the act is defined as an attempt on another, more dangerous crime. With indirect intent in the same situation, the act qualifies as a completed crime, depending on the actual result.
Similarities and differences between the main types of intent
Wines as a legal concept involves the division into two types: reckless and intentional form of guilt. The types of intent discussed in this article are related to the second form of guilt and therefore have much in common. For example, the intellectual element of a crime in both cases is characterized by a consciousness of danger to society and a prediction of the consequences of the offense. The volitional element combines these types of intent in criminal law with a positive attitude towards the onset of serious consequences for society.
A premonition of a certain result is the fact that distinguishes direct and indirect intentions. In the first case, there is a premonition of the inevitability of dangerous consequences, and in the second - the real possibility of their occurrence. However, this is not the main difference. Types of intent differ in that the volitional element is expressed in different ways. With direct intent, the onset of a certain result is manifested in the desire of the perpetrator, and with indirect intent, in a conscious assumption or indifference.
When a crime is committed with indirect intent, a person expects that the consequences, for various reasons, may not occur. Perhaps new circumstances will arise that will prevent the occurrence of an undesirable result.
Passive attitude to the consequences, the hope that they will not occur - these are signs of indirect intent when committing a crime. At the same time, one should not forget that a person foresaw the possibility of an undesirable result, and tried by all means to prevent its onset.
The separation of intent into indirect and direct has practical value. When committing an intentional crime, it is necessary to identify the signs of one of the types of intent. You should also take into account the fact that a significant proportion of crimes occur with direct intent, a mandatory sign of which is the purpose of the act.
Intent and its types in criminal law are not only theoretical, but also practical. A clear separation is necessary in order to correctly qualify the crime and develop a certain measure of punishment.
Types of intent at the time of occurrence
In criminal law, in addition to direct and indirect, types of intent are distinguished by the time of occurrence (premeditated, suddenly arisen) and by the degree of certainty (definite and indefinite). They cannot be defined as separate independent types of intent, they simply help to uncover the causes and nature of the crime in full.
Premeditated intent is one of the most dangerous, since the offender carefully plans each action. In preparation for the offense, a certain time passes, the plan, place, tools and means by which the act is committed are considered. Such crimes are difficult to solve, since often the person who committed it leaves no trace.
Premeditated intent often poses a greater threat to society than suddenly arises. Basically, the person who plans the criminal act approaches this issue with special cunning and sophistication. This fact suggests that the person who committed such an offense is dominated by antisocial tendencies.
The intent that has suddenly arisen differs in that the act is committed immediately after a decision is made or after a short time period. There are two types of intent: simple and affective.
Simple intent is manifested in the fact that the offender, committing an offense, is in an adequate mental state and is aware of the consequences of his actions. The decision to carry out a criminal act comes suddenly or a few days before the implementation. Such crimes are usually quickly uncovered, as the perpetrator makes many mistakes and leaves traces.
Affected intent is characterized by the mental state of a person during the commission of a crime. This means that the act was carried out with strong emotional disturbance of the perpetrator. The most common reason for its occurrence is an immoral and insulting attitude to the family of the person who committed the offense. Here, the situation in which the crime occurred has the greatest influence. Excitement makes it difficult for a person to think sensibly, and often he does not understand what he is doing. This explains the mitigation of punishment if the crime was committed with the intent of intent.
Types of intent on the degree of certainty
A certain intent differs in that the offender clearly understands all the qualitative and quantitative indicators of harm that will arise when the act is committed. Also, with a certain intent, the perpetrator understands what consequences the offense will lead to, wishes for their onset, or consciously allows it.
Uncertain intent is distinguished by the fact that the offender understands and realizes in general terms that the offense is dangerous to society, but does not interest him in the magnitude of the harm inflicted. Based on this, it can be noted that in the mind of the criminal there is no definition of clear consequences. In such cases, the act is qualified on the basis of the harm done and damage. For example, hooligans caught a student and beat him severely, as a result of which the victim died. The criminals understood that they would cause some harm to their health, but did not understand how severe the damage would be. In this particular case, the act qualifies as murder.
An alternative intention is that the offender foresees an approximately equal probability of several consequences. Qualified such acts in actual content. For example, when firing a pistol at an average distance, two outcomes are possible: death or causing serious bodily harm. Accordingly, the crime should be determined on the basis of the consequences that actually occurred.
Conclusion
Intent is one of two forms of guilt existing in our country. The second form is negligence. As a result of the consideration of the essence of intent, it can be noted that there is a division into two types - direct and indirect.
Intent is a rather important part of criminal law, as it is a form of guilt. And it is considered an integral part of the subjective side of the crime. Determining the type of intent, experts establish the involvement of a person in the commission of a crime, and also determine his guilt.
At the same time, when establishing guilt with the help of one form or another of intent, they observe one of the most important principles of the Criminal Code of the Russian Federation - a person is subject to criminal punishment for those socially dangerous acts in respect of which his guilt is determined. In addition, one of the main constitutional provisions on the rights and freedoms of a citizen is executed - each person who is accused of committing an offense is considered innocent until proved guilty in the manner prescribed by the legislation of the Russian Federation.
The form and type of intent must be determined in each case individually, since it is necessary to take into account all the possible circumstances of the crime committed. Moreover, even the slightest mistake in this case cannot be justified, the investigation should be conducted clearly and without problems.
Types of intent and negligence as forms of guilt are very important for criminal law in both theoretical and practical senses. The qualification of the crime, the level of public danger, as well as the punishment chosen directly depend on the forms of guilt. Thus, the types of intent are the main element in determining the circumstances of the offense.