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Art. 25 of the Criminal Code. Crime committed intentionally. Comments

Criminal law establishes liability for various unlawful acts. Behind deliberate crime, as a rule, a stricter sanction is imposed than for reckless acts. The value in qualification is the perpetrator’s personal attitude to his behavior and the impending consequences. Depending on it, two types of intent are distinguished. Consider their features. Article 25 UK

Art. 25 of the Criminal Code

This norm characterizes the specifics of a person’s mental attitude to his own unlawful behavior and the consequences that it entails. According to part 2 of the norm direct intent involves the recognition of the social danger of action / inaction, the prediction of the inevitability or the possibility of their negative outcome. In this case, the subject wants the negative consequences of his behavior. Indirect intent characterized in that the citizen guilty of the crime did not want a negative result, however, he consciously allowed it or treated him indifferently. This concept reveals the 3rd part of the article.

Explanations

Considering Art. 25 of the Criminal Code with comments lawyers, it can be noted that experts indicate that the mental attitude of the person guilty of a crime is expressed in both intellectual and volitional activity. In the first case, there is a certain degree of awareness by a citizen of the wrongfulness and danger of his behavior. He foresees the onset of specific consequences, understands their inevitability. The strong-willed side of the relationship is expressed in the presence of a desire for the onset of a negative result or in its absence, but a conscious assumption of it or indifference to it. Accordingly, in the latter case, indirect intent. It is in some cases called eventual. If there is a desire for the onset of negative consequences, they state direct intent guilty.

Intellectual side

According to Art. 25 of the Criminal Code it is characterized by a degree of awareness of the social danger of inaction / action. It seems that the understanding of the inevitability / possibility of the onset of negative consequences follows from it. With direct intent, a citizen, as a rule, is aware not only of the danger of his behavior, but also of his wrongfulness. In some cases, the subject foresees the occurrence of a particular or several alternative consequences, in others - the inevitability of their occurrence. The difference between these manifestations depends on the nature of the action / inaction. For example, a gunshot to the victim’s head gives the culprit a basis for anticipating the inevitability of death. Damage to the victim’s brain is usually incompatible with life. Accordingly, in such a situation, Part 2 is applicable. Art. 25 of the Criminal Code. Arbitrage practice pays special attention to the personal attitude of the perpetrator to his behavior. At the same time, both the intellectual and volitional side of it are of importance. direct intent

Important point

The ability to clearly share the guilty attitude to their behavior, guided by Art. 25 of the Criminal Code, is of particular importance in the application of criminal norms. The essence of differentiation is not so much that in one case a stricter sanction is imposed than in another. Applying Art. 25 of the Criminal Code, it must be borne in mind that certain acts can be committed only with full awareness and desire for dangerous consequences.Accordingly, a citizen’s behavior prohibited by criminal norms cannot be qualified as such an act when identifying the signs provided for in paragraph 3 of this article. In addition, the offense may be recognized as preparation or attempted crime only with direct intent. indirect intent

Sun clarifications

Clause 2 of the 1999 plenary Resolution No. 1 emphasizes that killing may have signs of both the 2nd and 3rd parts Art. 25 of the Criminal Code. If we talk about the attempt on this crime, then everything is clear. It is possible only with direct intent. In other words, as the Supreme Court explains, the deed indicates that the citizen clearly understood the social danger of his behavior. He foresaw the inevitability or likelihood of a person dying and wanted this. However, the expected consequences did not occur in view of the occurrence of circumstances beyond the control of the perpetrator. For example, this could be the active resistance of the victim, the intervention of unauthorized persons, timely medical assistance and so on. deliberate crime

Other criteria

It is worth saying that the doctrine provides for other signs besides those that are fixed Art. 25 of the Criminal Code. Punishment always charged after a careful study of all the proven facts in the case. Accordingly, the severity of sanctions can be affected by a variety of symptoms identified during the proceedings. For example, depending on the degree of foresight of certain dangerous consequences for society, there are specific (specific) and non-specific (uncertain) intentions. The significance of their correct differentiation is as follows. In case of unspecified intent, the behavior of the guilty person is qualified according to the actually arisen consequences. If the person’s attitude to his actions / omissions was certain, but the plan could not be fully realized for reasons beyond his control, the act is considered as preparation for an encroachment or attempted crime.

Formation time

Depending on it, intent can be premeditated or suddenly arisen. According to general rules, in the first case, a citizen is considered to be the carrier of deeper negative attitudes, qualities, value orientations. Accordingly, a person who commits an act under the influence of a sudden intention will be considered less dangerous under other identical conditions. These circumstances must be considered when imposing a sanction. st 25 uk rf with comments

The heat of passion

It is considered as a kind of intent that arose suddenly. This condition may be due to various reasons. Affect - strong emotional excitement. It can be caused by violence, serious insult, bullying by the victim, other immoral or illegal acts. The cause of affect is also often a prolonged traumatic situation. It, in turn, is determined by the systematic wrongful acts or immoral behavior of the victim. The commission of an act with affective intent is reflected in a privileged composition. For example, he is present in Articles 113, 107 of the Criminal Code. st 25 uk rf punishment

Motives and goals

Any crime qualified under Art.. 25 of the Criminal Code. Purpose and motive as mandatory signs of an act are indicated only in some constructions. Examples of such compositions are presented in articles 184, 186, 145, 294, 202, etc. Meanwhile, in the framework of criminal proceedings, the establishment of a motive and purpose is mandatory, regardless of whether they are fixed as mandatory signs in a particular norm or not. They allow you to carry out a moral assessment of the deed. Motive is the conscious internal motivation of the subject. It is formed under the influence of the individual needs of the person. Motives can be hooligan, selfish, careeristic.Crimes can be committed because of national, religious, racial hostility or hatred, blood feud, for political reasons. The purpose of the act is a specific final result, realized by the person. The subject, in fact, seeks to achieve it by committing a crime. Article 25 of the Russian Federation judicial practice

Nuance

Each intentional act is committed under the influence of a specific emotional state. In criminal law, only a sudden strong emotion is important - affect. The emotional states experienced by a citizen who committed rape, theft, extortion, other crimes, do not exert influence on the limits and grounds of criminal liability.

Conclusion

Of course, any crime, regardless of whether it was committed intentionally or through negligence, is a public danger. However, as part of the preliminary investigation, it is important to establish all the signs of the composition. This is necessary to formulate an adequate indictment and, ultimately, impose a proportionate sanction. Intentional assaults by some authors, however, are equated with the degree of danger to reckless. The authors of this approach believe that the subject, acting consciously, and the citizen, allowing negligence in their actions, pose the same threat to society. In the first case, a person consciously goes to violate the law. In case of negligence, the person does not understand the full responsibility for his behavior. The motives and goals of intentional acts may be different. In some cases, individuals commit such crimes to terminate unlawful acts on the part of the victim. Meanwhile, criminal law does not regard such circumstances as mitigating. Responsibility will come in any case in accordance with established rules and taking into account facts that are essential for the proceedings.


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