A crime is a socially dangerous act provided for by the Criminal Code of the Russian Federation committed by a subject. The law provides for criminal liability for such an offense. The Code determines which acts are punished by the entities that commit them.
To investigate a crime, it is important to determine its nature - completed or unfinished. However, it is important not just the presence of all the necessary features. A significant role is played by the person’s idea of the final result of the act: whether socially dangerous acts that were conceived were realized, and whether the desired consequences occurred.
Based on this, it is worth turning to the classification of the offense depending on the content of the objective side. That is, in this way we can distinguish the moment of the end of criminal actions. So, distinguish the formal, material, truncated corpus delicti.
Each of these types has its own significance in criminal law science, therefore, it is necessary to consider in detail all the options. Many scholars are inclined to think that there are only two main types - the formal and material corpus delicti. They claim that the truncated one is a variation of the former and will not exist as an independent.
The formal composition of the crime: how to determine?
A crime with a formal structure is understood to mean a type of offense which provides that it will be completed from the moment a socially dangerous act is committed. That is, causality and consequences are not included in the list of necessary attributes.
So, the object of such a crime does not differ from the objects of material or truncated structures. That is, these are all the same public relations protected by criminal law . For causing specific harm or creating a threat of causing it, liability is provided.
As for the subject, he also does not differ from the rest of the crime. This is the same individual who commits an offense at the age from which criminal liability arises in accordance with the Criminal Code of the Russian Federation.
There are also other signs of a formal offense. They include the objective and subjective side. It is in these categories that the main differences of this composition from the rest are contained.
The objective and subjective side of the formal corpus delicti
The objective side is determined by the external manifestations of a socially dangerous assault. The formal and truncated corpus delicti are distinguished by the fact that in the first one the commission of criminal acts (or inaction) is considered punishable. The onset of certain criminal consequences is not required. It turns out that the offender commits all the actions that he wanted, which means the composition is considered complete without the occurrence of harm harmful to the public.
Practice has shown that a larger percentage of crimes with a formal composition is committed with direct intent. It is generally accepted that the commission of such an offense cannot be reckless, because it requires a specific subjective attitude towards the impending consequences. If they do not attack, the guilty person will not be held liable in accordance with the Criminal Code. In such a situation, the punishment will be determined by administrative law.
Formal offense: examples
In order to more clearly consider this type of crime, it is necessary to rely on specific examples.
So, having analyzed Art. 139 of the Criminal Code, it can be said that the violation of the inviolability of the home, according to the above, is completed from the moment when the illegal entry into the premises directly occurred, committed against the will of the person who lives in it. In this case, the legislator did not include in the disposition of the article a socially dangerous criminal consequence as a mandatory sign. Although it comes here as a moral damage.
Also, the formal corpus delicti extends to high treason, extortion, rape, and taking a bribe.
Mixing crime
There are cases when a legislator in one composition as a completed crime provides liability only if two conditions are met: a socially dangerous act has been committed and consequences have occurred.
For example, take art. 258 of the Criminal Code. This article provides liability for illegal hunting if it is committed: causing great damage; using a mechanical vehicle or aircraft, explosive means, gases or other methods for the mass destruction of animals and birds; regarding animals and birds which are prohibited by law from hunting; in a natural area protected by law, in an emergency or environmental disaster area. Such a structure is called the material-formal structure of the crime.
Material crimes
This is a composition, the crime in which is completed from the moment when socially dangerous consequences occur. That is, the consequences - this is a prerequisite, without which the offense will be interpreted differently.
Material crimes include, for example, murder, theft, injuries of varying degrees, fraud, and more.
Truncated Crimes
This is a corpus delicti in which the offense is considered completed from the moment of preliminary criminal activity, that is, at the stage of preparation or attempt. The definition immediately makes it clear why the formal corpus delicti and the truncated are combined into one. Because in both cases there are no consequences as a mandatory feature.
For crimes with a formal composition include, for example, an encroachment on the life of a statesman or public figure, robbery, the formation of a criminal organization, banditry and more.
General and distinctive features
Along the way, we found out that the formal and material corpus delicti are types that have common objects and subjects, but the objective and subjective sides are completely different. They have various mandatory features of these parties, so confusing these two types is quite difficult.
As for the truncated composition, it also has common features with the formal and material. They are united by public relations protected by law and an individual who commits a crime. However, the objective side of this corpus delicti has common features with only one. This was repeatedly mentioned above - the formal corpus delicti does not determine the consequences as an obligatory sign, as in the truncated one.
What is different? For the formal, it is enough to commit criminal acts, and for the truncated, preliminary criminal activity is important.
What is related to preliminary criminal activity?
This category includes preparing for and attempting a crime. These actions are called pre-criminal activity because they precede the completed offense. It is when they are not absorbed in the finished crime that they have a criminal legal significance.
Preparation is actions that are aimed at creating the necessary conditions for the commission of a crime by a certain person in the future, but not brought to the desired result for reasons that do not depend on the will of a particular person.
An attempt is an act of a person who is aimed directly at committing an offense, but which is not brought to the end due to circumstances beyond its control.
These stages define the crime as unfinished.
Practical value
Clarification of the crime is of great practical importance. This simplifies the process of determining all the components of the offense. This, in turn, makes it possible to quickly and better disclose the crime committed by the subject. In addition, the difficulty lies in the fact that it is not always possible to correctly determine the stage of the offense, and this plays a significant role in sentencing.