A criminal act is the most important sign in the construction of the objective side of any offense. It refers to criminal acts or inaction.
What is action and inaction
An action is the active behavior of a subject, which in most cases manifests itself in a physical effect on an object. In addition to physical impact, the action can be manifested both verbally and in writing (for example, threat of murder, insult and more).
Regarding criminal inaction, we can say that this is a passive form of manifestation of the act. In this case, the person abstains or evades the commission of any actions that needed to be performed. In such a situation, for starters it is important to find out whether a person could act in the right way, that is, his duty. This obligation can be assigned either in the form of a direct indication by means of a normative act (agreement), and also due to official position, family relations or other grounds.
The commission of any offense inevitably causes negative changes in objective reality. It can cause harm immediately or create circumstances for the occurrence of such damage to public relations protected by law. The nature and extent of the damage is determined by the degree of possible danger of the offense. That is, the onset of consequences matters. It is necessary to analyze socially dangerous consequences: concept, types. Only after that the whole picture will be clear.
The concept of socially dangerous consequences
This category refers to the substantial damage enshrined in the Criminal Code of the Russian Federation that is inflicted upon the object of legal protection as a result of a certain dangerous act.
It turns out that the threat of any harm is not a consequence. That is, it will be a characteristic only of a socially dangerous act, but not its consequences.
Most often, harm from an offense occurs as a result of active behavior - actions, but there are cases when it can occur as a result of passive behavior - inaction.
This is a secondary (optional) feature in the design of the objective side of the offense.
Types of socially dangerous consequences
Depending on the content, criminal consequences are divided into tangible and intangible. Each of these species has subspecies. So, material are divided into physical, property, disruption of institutions, transport, communications.
The Criminal Code uses such forms of socially dangerous consequences by applying the necessary term when the consequences are known (for example, murder - death). This may be a specific disclosure of the consequences (grave damage to health - loss of hearing, vision and more); significant damage on a large scale (for example, during theft); in especially large amounts (for example, illicit trafficking in psychotropic or narcotic drugs); serious consequences (for example, in case of abuse of official duties). Most often, the amount of damage is determined by criminal law .
As for the intangible consequences, they are divided into subspecies such as moral damage (insult), ideological damage (incitement to racial, national or religious hatred), intellectual damage (violation of the author’s rights).
Such types of socially dangerous consequences are significant in criminal law.
Other forms of socially unsafe consequences
Depending on the severity level, socially dangerous consequences take different forms. And it’s worth a little more understanding. Such forms of socially dangerous consequences are distinguished as light harm (short-term health disorder), moderate harm (up to one third loss of working capacity), and serious harm (loss of any organ). Each of these forms has normative fixing in the Criminal Code of the Russian Federation. The law provides for an increase in punishment depending on the severity of the harm done.
The importance of socially dangerous consequences
What is the significance of socially dangerous consequences? The disposition of the article of the Special Part of the Code indicates the consequences of a specific offense. Depending on whether there is such an indication, crimes can be divided into material and formal.
Criminal law science defines offenses with material composition as crimes that have such mandatory features - socially dangerous consequences and, of course, causal connection. Such offenses include, for example, murder.
As for offenses with a formal composition, they are defined as crimes, the objective side of which does not require the presence of consequences and, accordingly, causation, only the act itself is necessary. Such compounds include insult, slander, and more.
For offenses with material composition, socially dangerous consequences of the crime are necessarily established. This is necessary to qualify perfect as a complete offense. Before the consequences that are dangerous for the public come as provided for in the disposition of a certain article of the Special Part, crimes with such a composition can be qualified as preparing for an offense or attempting a crime.
Dangers to the public are indicated for differentiating criminal liability. Qualified or highly qualified formulations are also being created.
It turns out that in most criminal acts the consequences simplify the investigation of the crime and the sentencing of the guilty. The injured person will be able to receive redress, if possible, to the extent necessary.
Causal relationship
In criminal science, causation is called the connection between the committed act and the ensuing consequences. This is an optional feature. However, in material compositions, it acts as a mandatory feature. When there is a criminal act and socially dangerous consequences, the establishment of a connection between them is simply necessary and is considered a prerequisite for criminal prosecution.