At all times, public relations between people in states were regulated in different ways. Initially, violence was used. He was replaced by religion. But all these methods were not compared with the law, which has established itself as the most suitable mechanism for coordinating relations within society. Over time, this regulator has developed and modernized. This led to the emergence in it of a large number of individual segments or industries, which made it possible to coordinate relations of one direction or another.
Quite specific and one of the key today is the criminal law industry. Its main goal is to protect the population from such negative factors as offenses. This task is realized due to the influence on the relations that are caused by the fact of committing a socially dangerous act - a crime. It should be noted that in the theory of criminal law much attention is paid directly to the action of a negative nature. Because it is a systemic phenomenon that has an internal structure and individual types. Noteworthy today are composite, lasting and ongoing crimes, the features of which we will consider in the article below.
Criminal law: features and concepts
Before considering a continuing and ongoing crime, it is necessary to understand the characteristics of the industry within which they exist. In the Russian Federation, there is a sphere of legal regulation called criminal law. It is a set of state-sanctioned norms that are aimed at regulating relations in the field of crime. In addition, this industry coordinates the mechanism of sentencing for socially dangerous acts. As we see, the key parameter in criminal law is the crime, as well as its characteristic features. After all, it is upon the fact of its commission that the action of industry norms begins.
Features of the crime
Acting is a key factor in criminal law. It is on its basis that the criminal industry exists. In this case, the act may be lawful or unlawful. Criminal law considers only offenses of a certain kind, namely: socially dangerous. Crime can occur in two forms: inaction and action. Moreover, the consequences are of great importance. They must be as negative as possible so that a specific action is recognized as socially dangerous. The same requirements are put forward if qualifications require a continuing and ongoing crime.
Composition of socially dangerous action
A continuing and ongoing crime can be distinguished on the basis of the characteristics of their composition. According to the general theory, any offense has a number of structural elements that are interconnected with each other. Crime in this case is no exception. Thus, the committed action must have all the characteristics characteristic of a crime so that it can be recognized as such. To date, the following mandatory elements of the composition are distinguished, namely:
- subject;
- an object;
- subjective side;
- objective side.
The presented elements characterize a specific act and make it possible to identify the degree of its danger to relations arising within society. If all the facts indicate the commission of a crime, then the question of the presence of a multiple or a single species is decided. Moreover, the latter type is characterized by a large number of features that are manifested in its composition and other aspects.
Single Crime Concept
A single crime (lasting, ongoing, compound) has a lot of specific interpretations. However, there is a general view of this issue. According to him, a single crime is an act that contains the elements of one crime, the punishment of which is provided for by the current criminal law. But in this case, a logical question arises: why isolate the type of single crimes, if they are provided for in separate articles of the Criminal Code of the Russian Federation?
The problem is that some crimes are implemented through several actions. Moreover, in the process of their implementation several forms of guilt are possible. Together, such facts significantly complicate the process of qualifying crimes. Moreover, the concept of multiplicity cannot be applied to such acts, since they are uniform in essence.
Types of Single Crimes
The type of socially dangerous acts mentioned in the article, as mentioned earlier, is a structural problem. It has its own characteristics and, of course, types. The last element is divided into two groups, namely:
- Sheets single crimes are such by the following parameters: they encroach on one object, the implementation occurs through one act, contain a single composition and are provided for in one article.
- Complex crimes are characterized by a specific objective side. In addition, they encroach on a group of objects and have several forms of guilt. These are composite, lasting and ongoing crimes.
As we see, the existence of such features can cause a number of certain difficulties in the process of law enforcement. Therefore, the delimitation of a single crime, ongoing, lasting and composite is possible only when analyzing a whole system of interrelated characteristics. In addition, each species must be considered separately in order to understand in detail the features of its composition and the consequences that it can bring to public relations of a certain type.
The concept of lasting and ongoing crime
The most confusion arises in the analysis and qualification of crimes of a lasting and ongoing kind. Thus, before characterizing the characteristics of these species, it is necessary to highlight their concepts. A continuing crime is if the perpetrator of its implementation, intentionally does not fulfill certain duties that are assigned to him under the threat of criminal prosecution. As for the ongoing crime, it is a system of identical acts that are united by a single intent and method of its implementation. Thus, the key aspect in this case is played by the objective side of lasting, ongoing crimes. Because it is on its basis that they can be distinguished and correctly qualified in practical activities. Compound crimes in this case are significantly different from the types presented earlier, which will be described below.
Features of lasting acts
As mentioned earlier, the difference between a continuing crime and a continuing one is possible on the basis of the concept and the objective side. It should be noted that the mechanism for qualifying such acts was developed in pre-revolutionary Russia. According to old and new trends, such an act implies a certain criminal state in which a person carries out activities expressly prohibited by the current criminal law. Sheets of continuing crimes are directly enshrined in some acts of the relevant field. For example, the Criminal Codes of Turkmenistan and Uzbekistan contain norms defining the described socially dangerous acts. An example of a continuing crime in the Russian criminal industry is the illegal possession of weapons.
The beginning of the act occurs from the moment of actual gaining power over the weapon and continues until it is detected by law enforcement agencies. Thus, the person knew about the prohibition of the illegal possession and storage of certain items, but intentionally did not fulfill the obligations stipulated by law. This led to the fact that throughout the entire storage period the individual committed a single, lasting crime. This fact excludes the possibility of accusing the person of aggregate or repetition, which, of course, affects the further process of sentencing. The ongoing crime in this case is very different from the ongoing one for a number of reasons.
Continued socially dangerous acts
A single ongoing and continuing crime is similar in some respects, however, in essence, they are completely different constructions. The main difference is manifested in the way the objective side is implemented. Continued crime, according to the previously presented concept, is characterized by a system of identical acts, which in themselves are socially dangerous. However, they are realized in relation to the same object and at the same time are united by a common intent. An example of such an act could be the theft of computer components from an enterprise with the aim of further assembling a fully working device.
It is difficult to identify and qualify ongoing crimes in practice, because their existence in most cases depends on the subjective side. That is, proof of the presence of a single intent is necessary. Otherwise, we cannot talk about the existence of a crime of a continuing nature.
Characteristics of ongoing crimes
Any kind of socially dangerous acts have their own characteristics. Continued crimes in this case are no exception. There is a whole system of characteristic aspects of such acts that distinguish them from lasting and compound. These include the following, namely:
- Continued crime consists of several identical acts.
- Each act is a separate crime, although not subject to independent qualifications.
- The system of committed acts must be united by a single criminal intent.
- Continued crime is committed with a single ultimate goal.
These features, as we see, show a significant difference between ongoing acts and other complex ones.
Lasting and ongoing crime - timing
The problem of calculating deadlines for the qualification of acts of the aforementioned nature exists due to the absence of their definition in the material law. Therefore, in the process of judicial practice, the relevant authorities use the Resolution of the Plenum of the Supreme Court of the USSR of March 4, 1929. It contains provisions through which it is possible to solve the problem of calculating the statute of limitations. When we talk about ongoing crimes, then the moment of the beginning of the term is the last act, which is united by the corresponding intent. The procedure for ongoing crimes is somewhat different. Here , the statute of limitations shall be calculated from the moment the crime is terminated by the will of the person or contrary to it.
Compound crime
The ongoing, ongoing, complex compound crimes are similar in many respects. In the last two cases, a whole complex of actions, independent in nature, is realized. However, with the continued option, there is a single intent, that is, a subjective characteristic.
The composite crime in this case contains several criminally punishable acts that may not be united by a single intent, but due to objective reasons they are one whole, for example, riots.
The difference between complex single crimes and multiple
In addition to the qualification of complex acts, many questions arise when distinguishing them from multiple crimes. In this case, it is necessary to analyze some basic factors. Multiple crimes are distinguished by the fact of encroachment on several objects, by the presence of two or more elements of different crimes carried out by actions that are heterogeneous in nature. As we understand, in the analysis of unified complex acts such signs are absent.
Conclusion
So, we found out what constitute a single ongoing, lasting crime. In addition, the article highlighted the main features and qualification aspects of these acts on the basis of the provisions of the current legislation of the Russian Federation.