In the theory of criminal law, there are many difficult to understand terms. Of course, they are well operated by law enforcement officers and, in principle, any people with a law degree. It is difficult for citizens who have no idea of jurisprudence to understand the essence of the matter, so you should read this article to know what a single complex crime is.
The concept of crime in criminal law
Under the crime in science is understood the negative active or passive activity of people, which is the most dangerous for society of all existing forms. It can be directed by a person to another person, to the state, to nature, the normal development of the child, and much more.
What the crime is aimed at is called an object. In the Criminal Code of the Russian Federation (hereinafter referred to as the Criminal Code of the Russian Federation) all acts of criminal persons are listed depending on the object. Crime violates the normal existence and development of the whole society and the state, which is why the authorities punish the person committing it. In criminal law, there are many different classifications of a crime for a variety of reasons and criteria.
What is a single crime?
Scientists and practitioners as a single crime mean a criminal act or omission of a person who represents the composition of one crime, and his qualification is carried out in one part and in the article of the Criminal Code of the Russian Federation. A person commits a crime with one or more acts that may lead to one or more consequences, the main thing is that during qualification the court should indicate one part of the article of the Criminal Code of the Russian Federation. In this case, we will talk about the concept of a single crime, and about complex single crimes we will learn further. In practice, the latter is often confused with a multiplicity of crimes. This refers to such cases when a person commits two or more crimes one after another, each of which entails criminal liability and punishment.
Classification of a single crime
By their composition and structure, such crimes are divided into two groups - simple and complex. The simple ones are those that are aimed at one object, characterized by one action or inaction, entail one consequence, and the offender has one intent and one form of guilt.
For example, the theft, which is disclosed in the Criminal Code as the theft of another's property, which is carried out secretly, so that neither the owner nor other witnesses see this. Theft violates the relationship that develops over material things and property. In such a crime, one action is taken - the property of others is withdrawn secretly from the owner. The intent of the criminal is to get rich, he has a direct form. This means that a person was aware of the danger of his actions and desired the onset of consequences. In contrast to a simple crime, there is a single complex crime, which in practice is much more common than the first.
Brief description of a complex crime
Complex individual crimes are such acts of a person that encroach on two or more objects, and actions or inaction are complex and sequential, consisting of several stages. Moreover, the criminal has two forms of guilt or his actions entail several consequences: basic and additional. In turn, such a group of criminal acts has several forms, which will be discussed later. The main sign of this type is multidimensionality, versatility. Investigate and prove such a composition is much more difficult than the first group.
The double form of guilt: what is it and how to determine it?
It is clear that a complex crime is characterized by two or more objects, sequential actions, consequences and forms of guilt. If the first components are clear, then the forms of guilt are a complex concept.
It must be understood clearly. In general, guilt is a person’s attitude to what he has done. There is wine in the form of intent, but there is in the form of negligence. In the first case, the person wanted and understood the essence of what was happening, in the second, he did not mean that he could do harm, but with due care he had to understand this. Double guilt forms complex forms of a single crime, in which the person had intent with respect to the main crime, and negligence with respect to the ensuing consequences. That the first, that the second form of guilt is divided into several types, so the milking form of guilt may imply their combination.
Guilt can be determined by the degree of preparedness for the crime, actions preceding the commission of the act, the person repents or not, whether it helps the investigation. These are all evaluation categories, so you need to rely on the literacy of the police.
Classification
All single complex crimes are divided for convenience into several types:
- Lasting. These are cases when the crime begins from the moment the offender commits the act and lasts until the police or someone else stops it. That is, a person creates a criminal state that can last an indefinite amount of time. For example, the storage of firearms that a person bought illegally without a license. Evading child support is also a continuing crime, but it does illustrate criminal inaction.
- Ongoing crime. By the name you might think that it looks like the first look, but it is not so in reality. In this case, we are talking about the commission of a number of identical actions by a person, each of which represents a corpus delicti. With this purpose they are covered by a single. The beginning is the completion of the first action, and the end is the end of the last action or the termination of their execution by the police. For example, theft by a food warehouse manager in parts over a two-year period. In this case, things were stolen in small parts every week, as a result one crime was committed.
- Compound. As in the previous form, it consists of two or more independent crimes, which can be considered separately. They are a single crime only because they are covered by a specific part of the article of the Criminal Code of the Russian Federation. For example, escaping with violence. There are two separate crimes, but there is a specific part of the article that combines them and turns them into a single complex crime. As a rule, it is provided for by a specific part of a certain article, this is called a qualified corpus delicti.
You should be careful with the above types of single complex crimes, they have much in common with the multiplicity, as mentioned earlier. These are two different phenomena in criminal law, in no case can they be identified.
Crime with alternative actions
It is not included in the official classification of types of single complex crimes, but a crime with an alternative is equally important. Their peculiarity consists, first of all, in listing the types of actions or inaction in part of the article.
The presence of one of these actions in the act of a person is a full corpus delicti. A striking example of this type is Art. 228 of the Criminal Code, which describes the crime of illegal acquisition, manufacture, storage for the purpose of marketing or transportation, processing of drugs, psychotropic substances. Here are listed several different in essence actions, the presence of at least one of them is a crime. As you can see, the complex single elements of crimes are very diverse, interesting, and cover a wide range of acts.
The concept of qualifications in criminal law
First of all, qualification is understood as the complex activity of special persons, which consists in correlating the signs of a crime indicated in an article of the Criminal Code of the Russian Federation with a really committed act. The result is a specific document, which indicates the person suspected, accused or convicted of a crime, the specific part and article under which the act falls, as well as the responsibility, type and amount of punishment that will be assigned to the criminal. Qualification can be carried out by investigators, interrogators, a prosecutor, a court - these are all specially authorized police officers. Students, scientists, and teachers can also conduct classes, in which case qualifications will not have any legal significance.
Qualification of complex single crimes
The correlation and analysis of such crimes is a complex work in which in practice many questions and problems arise.
That is why there are several rules that are presented below:
- First of all, it is important to remember that no matter how different at first glance independent crimes a person would commit, they should all be covered by a single intention.
- It is necessary to find the rule of law, which combines all the signs of a crime as a single one. If there are several norms that are similar to each other, you need to choose the one that most accurately and closely relates to the real thing.
- In the Criminal Code of the Russian Federation there is a general and a special part, you must constantly refer to the first, it defines general concepts and phenomena that guide the work with the second part.
- The actions of a person must possess all the signs of a crime, and not an offense or other unlawful act. Otherwise, criminal prosecution is not possible.
Examples of complex crimes from the Criminal Code
Turning to the examples, we will pay attention to composite crimes, since they are the most complex and complicated.
- Part 3, Art. 313 of the Criminal Code discloses a crime such as escaping from a place of deprivation of liberty in the course of which violence was used that was recognized as dangerous to the life or health of the victim, or with a real threat of such violence. Causing damage to human health is a separate crime, as well as escape. It is impossible to qualify them as separate crimes, since there is part 3 of art. 313 of the Criminal Code.
- Part 3, Art. 159 of the Criminal Code describes the crime of fraud using his official position. In this case, two crimes flowed into one corpus - fraud and abuse of power and their use for personal gain.
In Art. 105 of the Criminal Code of the Russian Federation there is a sign - a murder involving an abduction. The latter forms an independent corpus delicti, indicated in a separate article, although in Art. 105 he teams up with killing.
Dealing with complex single crimes using the examples presented above is much easier than studying the basics of theory. We note that it is extremely important to disassemble into small parts each really perfect act in order not only to correctly qualify it, but also to understand the essence of crime in general.
The significance of single crimes
Single complex crimes in criminal law are important. The concept and forms influence the right qualification.
It is also very important to distinguish between this type of crime from multiplicity, because these are completely different institutions. Due to the fact that the criminal world is developing, there are many combinations of crimes, so it is important to correctly and clearly qualify them.