The concept of crime is increasingly used in the modern world, which means that it is necessary to have an idea of this phenomenon. To differentiate between the types of crimes, to know the features and differences from each other, to understand the essence of other phenomena related to the crime, it is important not only to a lawyer, but also to any citizen. From this article we learn about the concept and types of a single crime, which is very common in practice.
Crime concept
In the theory of criminal law, there is the concept of crime, which, in turn, is divided into many types and forms. The most common is the singular, which is also called the single. That is why we turn to the definition of the concept and types of a single, single crime. This term refers to an act that falls under the following characteristics:
- It contains the composition of one crime, which means that qualification takes place according to one article of the Criminal Code or one part of the article of the Criminal Code.
- Such a crime can be committed as a single action, and a system of actions.
- It also does not matter how many consequences it entailed - one or more.
- The form of guilt can be one or two forms. In any case, the act will be covered by one of the types and concepts of a single crime.
Simple crime
According to the legislative structure and consolidation, all single crimes are divided into two parts, these are simple and complex.
The first concept of a single crime in the types of single crimes is simple. Such acts include those that infringe on only one object, the objective side contains only one act, the perpetrator has only one form of guilt. The composition will be qualified according to one article or one part of a specific article of the code. A striking example of this type and concept of a single crime is the secret theft of property that does not belong to the criminal. Such a crime is called theft, it is qualified under Part 1 of Art. 158 of the Criminal Code.
In practice, such an ideal concept and type of single crime are very rare, so you should not linger here for a long time. Much more questions and doubts cause a complex crime.
Difficult crime
As mentioned earlier, this type is found in practice very often, and it is also confused with the concept of plurality. That is why let's deal with the concept and types of a single complex crime. This term refers to an act in which the objective side is complicated, that is, several acts are completed that form the system. A crime can encroach on several objects, and a criminal can have two forms of guilt. There are additional consequences. It is not necessary that all the signs for recognizing a crime are complex; one of the indicated positions can be proved. The main types that are known to Russian legislation include:
- Compound.
- Crimes with a combination of alternative actions or consequences.
- Lasting.
- Continued.
- Complicated by additional consequences and two forms of guilt in relation to each consequence.
Compound crimes
Consider the concept of a single complex crime, as compound. It consists of two actions, or maybe more, while the indispensable feature is the independence of each action, that is, it can be considered as a separate crime. A striking example is the category of robbery, it is provided for in article 162. Certain acts of the offender together form a single crime. In this case, it is inflicting suffering on a person and stealing other people's things, or an attempt. One of these actions is the main one in the crime, and the second already complements it. For example, the main action is the theft of other people's things, and the additional is the infliction of harm. An example of this type is hooliganism, which affects the public order, and also encroaches on the person. These crimes are always multi-objective.
Crimes with an Alternative
An equally common concept and type of single crime is an alternative crime. The main symptom is the presence of a list of alternative actions that are indicated in the disposition. At the same time, at least one action must be performed in order to talk about the commission of a crime. An example is a crime involving the unlawful acquisition, carrying, transporting or other action related to a weapon. The disposition indicates various types of actions, the presence of at least one of them makes a person’s actions a crime. This is article 222 of the Criminal Code.
An alternative can be not only in disposition, but also in consequences. For example, the infliction of grievous harm, it is regulated by Article 111. Among the consequences are the loss of hearing, vision, speech, and other functions that a particular organ, system of organs has.
Continuing crime
It must be distinguished from the continuation, which will be discussed later, all these are types of a single crime, but they cannot be identified. A continuing act involves the commission of the objective side over a long period of time. For example, this is an unlawful deprivation of liberty, evasion of alimony, and leaving the place of service without permission. Such a crime ends at the time the first action is committed, or from the moment of inaction. For example, the beginning is the moment of leaving the duty station without permission, this is a criminal act. Failure to appear on the agenda at the recruiting office is the beginning of criminal inaction. In this case, all criminal acts are combined and are considered a complex single crime.
Continued Act
They constitute a series of (two or more) identical actions, inaction, which are committed for the same purpose. The difference from the previous type of crime is that the same actions are performed more than once, but several acts occur sequentially. The moment of the end of the crime is the moment of assurance of the last action or inaction. A vivid example is torture, in which physical or mental suffering is delivered several times to the victim. This also includes continued theft when money or things are stolen in parts. The peculiarity of the crime is that the time interval between the acts is small.
Additional grave consequences and two forms of guilt
This is another type of complex crime. The crime provides for the presence of additional consequences that are more serious than the main ones. For example, causing serious harm to a person, as a result of which the victim died. An additional grave consequence is the death of a person.
This also includes crimes with two forms of guilt. This is a violation of traffic rules on the road, which resulted in the death of a person. In relation to the violation of the rules, the form of guilt is intentional, in relation to the death of a person - reckless. There are two forms of guilt on the face.
Qualification Rules
Speaking about the rules for the qualification of single complex crimes, it must be said that at this moment the employee correlates all the signs that were mentioned above with the real case. The process of correlation of circumstances of the case and details with the norms of the law is called qualification. The basic rules in complex crimes are:
- Definition of the object on which the criminal encroaches. In a complex crime, as a rule, there are two objects at least, and sometimes even more.
- A complex crime often involves the commission of two acts, they must be qualified as one single crime under one article. The norm that most fully and accurately correlates with the real case is applied. For example, when causing serious harm, death is caused to a person. Qualifications are required under subsection 111 (4), and additional qualifications are not required under section 109.
- The perpetrator’s attitude towards committed acts is complex and multifaceted. Often the attitude to the actions themselves is different from the attitude to the consequences that have come. Moreover, ignorance of the law does not exempt from liability. Therefore, a crime is committed with two forms of guilt.
- It is necessary to separately consider the attitude of a person to the main consequences and the attitude to additional ones. After all, if death occurred as a result of grievous harm and the offender desired it, then we are talking about murder, not article 111.
We examined in sufficient detail the basic concepts, types, and rules for the qualification of a single complex crime. At the same time, it should be noted what distinguishes a complex crime from multiplicity. We will talk about this further.
Difference from multiplicity
By multiplicity we mean the presence of two corpus delicti or even more than two in a guilty and dangerous human behavior. Each of the crimes must maintain its independence and legal significance, separate elements of crimes are formed. At first glance, this is the same as a complex crime, but it is not. The difference is as follows:
- In multiplicity, different acts are committed, which are qualified by different norms, each has its own corpus delicti. In a complex crime, qualifications are applied for one article or part, while there are no different compositions, there is only the versatility of parts of one composition.
- In plurality, the subsequent act is committed at the moment when the criminal record for the first or the statute of limitations has not yet expired. In a complex crime, all acts are committed in one period of time or at short intervals, when responsibility for previous acts did not occur.
- In multiplicity, each act implies the fulfillment of an independent qualification; it can even be complex for each act. Moreover, in a complex crime, a single qualification applies.
- Guilt in multiplicity is set separately for each act. and in a complex crime, guilt can be with two forms, but it is established for the whole act in a complex.
These are the main positions of the difference between a single complex crime and a plurality of crimes. Thanks to these points, law enforcement practitioners avoid a lot of mistakes and difficulties in practice.
Institute value
We examined the concept of a single crime and the types of single crimes, which in the theory of criminal law are of great importance. If the law enforcer deals with these provisions, then in practice fewer mistakes will be made in the assessment of the act. The concept of a single crime, one way or another, offends every crime that is in the Criminal Code. That is why in theory this issue is constantly studied, analyzed, as a result of which errors are corrected and the norms of the law are supplemented.