Russian criminal law is a complex and interconnected system of legal norms. A special place in the system is given to the institution of corpus delicti, which includes objective and subjective signs. Their essence is to distinguish criminal offenses from each other. Signs of crime are classified according to environmental expression.
The value of corpus delicti
Detection of signs of crime helps to fully or partially restore the picture of the act. The “formula” of the crime helps the judges in many ways to analyze the circumstances of the misconduct, understand the intent and, depending on this, choose the appropriate type and amount of punishment.
Objective and subjective signs of a crime constitute a serious offense, the significance of which is as follows:
- The presence of each element gives rise to a criminal prosecution.
- The process of qualifying a crime is inextricably linked with the definition of all the features.
- Signs of crime can distinguish criminal acts from administrative misconduct, as well as separate the accident from negligence or negligence.
- The set of elements determines the limits of punishment.
- Any corpus delicti falls into one of four categories: from light severity to especially grave misconduct.
Object as the central link of criminal law
Criminal encroachment is always associated with a threat to society, the individual, her health, property, and so on, or implies the likely onset of negative consequences. Public goods are the central link in the composition of a criminal act and are expressed in mandatory signs of a crime.
There are several types of objects: generic, species, and immediate. Each of them corresponds to sections, chapters and articles. In the theory of criminal law, as well as in judicial practice, the immediate object of the crime is of particular interest, since it is this element that reflects specific public relations protected by law.
The signs of a crime also include the concept of “subject”, which may or may not be part of the composition. Under any circumstances, the subject is convicted in material form. A personal diary may be used as such if personal secrets are protected by law; stolen property if the offender encroached on property and so on. Most often, the subject is found in those offenses where the right of possession, use and disposal is protected.
The objective side: actions and consequences
Without any human behavior, there is no corpus delicti. That is why the second significant element of the formula are the signs of the objective side of the crime. This is a set of external behavioral factors that form the essence of a criminal act, and also carried out in a particular place, time and under certain circumstances. The objective signs of a crime are not only specific social relations or a behavioral act, but also many other parts: methods of committing a crime, circumstances, action or inaction, time, place and much more.
About the content of criminal behavior
The content of objective signs of a crime forms an action (inaction), the onset or possible negative consequences, as well as a causal relationship between them. So, the first element is the act, which is expressed in the form of action, that is, the active movements of a person, and inaction - ignoring the situation when a person understands the danger of the deed, and also by virtue of the law or other circumstances should help. A striking example is the obligation of parents to raise a child, provide him financially, as well as monitor the state of health, movement, nutrition. Failure to comply with these requirements entails liability commensurate with the ensuing socially dangerous consequences, for example, infection of a child with AIDS and refusal of his treatment is punishable by imprisonment.
The socially dangerous consequence is the next element of the objective side of the crime. In this case, it is important to pay attention to formal compositions that do not imply specific consequences. A striking example is the fact of receiving and giving a bribe, from which only official relations and the state protecting them suffer. Real harm is not done in such a situation. In turn, the consequences that have arisen can be classified as material, that is, expressed as physical harm (blows, death, loss of health), and intangible (moral harm, systematic humiliation, and so on).
Causation: trailing component
Causation in the system of signs of crime is far from the last place. First of all, after establishing the alleged offender and determining his identity, the relationship between his action and the crime committed is determined. In fact, this element is expressed in the process of proof. Such a feature is the third and last of the main features of the objective side.
Additional, but no less important!
The main signs of a crime are always inextricably linked with optional elements. The need to establish them is to restore the most complete picture of the criminal act, as well as to understand the motives and goals of the person’s behavior. The objective side contains the largest number of optional signs of a crime, namely:
- The method of committing an act is a system and a set of techniques used by the criminal, methods and movements, as a result of which the crime was committed. In criminal law, this element is often crucial in qualifying a crime, as well as imposing a sentence. For example, part 1 and part 2 of article 105 of the Criminal Code differ from each other exclusively in the method of causing death.
- The means of committing a criminal offense are the so-called crime instruments or objects that play a similar role. An example is firearms, knives, sharpening. However, in domestic killings, pans, bottles, stools, and other things that are not intended to cause harm to life and health can be used as tools. In some formulations, this feature is also used in the classification of a crime.
- The list of signs of a crime includes the place of its commission, that is, a certain territory where the criminal plan was realized.
- The time period for the commission of an act is also highlighted in the theory of criminal law as an optional feature.
- The situation of the commission of an act is a set of conditions valid at a given moment. This element includes an unlimited number of indicators that affect the situation, for example, weather, time of day, animal movements, the victim's behavior at the time the crime was committed, and so on.
The presence of optional signs of a criminal offense directly affects its qualifications, as well as the further progress of the criminal case. That is why the above list is given as much attention as the main elements.
The subject and personality in criminal law
The subject of a criminal act is indicated in Art. 19 of the Criminal Code, in the role of an individual who has committed a crime and has reached a specified age. So, the legislator briefly and clearly outlined the main features of the subject of the crime, however, consideration of their role in the criminal process does not end there.
As the first sign of this element of the composition, the subject acts as an individual. Thus, an animal, a law firm, an individual entrepreneur, only a person as a natural being cannot be prosecuted. Moreover, the signs of a crime of the Russian Federation do not imply a separation of punishment for foreigners and citizens of their state. The court equally applies to everyone, or imposes a sentence and, if there is a contract, deportes to another country. An animal can be perceived in the system of corpus delicti only as an instrument.
Sanity - a controversial symptom that the court must establish in the course of the proceedings. So, people can be sane, insane, as well as having mental disabilities. It is with the latter category that the greatest number of problems arise. Initially, the official conducting the investigation must establish the person’s ability to control his own actions, that is, can he be aware of what he had done and what his condition was like at the time the crime was committed.
Reaching a specified age is also a criterion for sentencing and prosecution in general. So, the legislator for certain acts establishes the age of responsibility - 14 years, but 16 years is considered common.
Criminal law also has the concept of a “special subject”. This is a person who meets the generally established criteria, but for the commission of a crime must have a number of special features. Vivid examples are officials abusing their powers, judges, law enforcement officials, and so on.
Signs of a mental state
The sign of sanity is one of the most difficult categories of criminal law. So, in the theory of law, and also partially in the legislation, the legal (psychological) and medical (biological) criteria are indicated.
Legal criterion means a person’s understanding of the actions performed, his assessment of the situation and the possibility of self-control. In this case, we are talking about internal perception and expression of will. The medical and psychological criteria are inextricably linked with each other, since the former expresses an official assessment of a person’s condition by specialists. The last criterion for assessing sanity is established thanks to medical diagnostic studies.
The established age of criminal liability is due to the ability to understand and control their actions. Due to the fact that young children often do not understand the consequences of their actions, they are not prosecuted, for example, for theft. However, all questions regarding parenting are asked to parents, and the child is put on a special account.
About the subjective side
The main sign of a crime is a person’s mental activity, which directly affects the object and the objective side. Scientists in the field of criminal law say that the subjective side is characterized not only by the person’s internal convictions at the time of the preparation and commission of the crime, but also by their attitude to the deed. In addition, the court finds out whether the defendant wished for the onset of certain consequences, or could not have foreseen them. The main element of the subjective side of the crime is guilt, without which a person cannot be held accountable. If he is nevertheless involved in the deed, but this symptom is absent, then the situation qualifies as an accident.
Guilt is the criminal attitude of the offender to the acts committed. This sign is reflected in two forms: intent and negligence, each of which is characterized by the following features:
- In the case of direct intent to commit an act, a person must be aware of the social danger of his actions, for example, to know that as a result of stabbing a knife in the heart, death will occur. In addition, a person must anticipate and desire the onset of these consequences. This form is the most difficult and is evaluated very strictly, since all actions were aimed specifically at committing a crime.
- Indirect intent is not a mitigating circumstance, however, the difference from the above is the reluctance of socially dangerous consequences, but due to the situation and circumstances a person could consciously allow them. For example, waving a sharp knife in a crowd, a person can, but does not want to hurt anyone, while he must understand that in such a crowded place it is easy to strike hard.
- Negligence is an independent form of guilt in criminal law and is expressed in the form of frivolity and negligence. In the first case, the person foresaw the onset of harmful consequences, however, due to some circumstances, had the chance to prevent or avoid the onset. Many law students have problems determining the type of guilt in the event of negligence. It should be remembered that the example of frivolity is expressed in the doctor’s extract of a medicine for which the patient is allergic, however, hoping for the stamina of the body, the doctor still prescribes drinking this drug, not paying attention to analogues. In this situation, in case of injury to health as a result of the use of prescribed tablets, the responsibility lies entirely with the official.
- The difference from negligence is that the same doctor, poorly trained at the institute, because of his illiteracy, could not figure out and check the body for allergic reactions. Out of ignorance, he prescribes a contraindicated drug, as a result of which a person loses his ability to work and goes to the hospital. In this case, the doctor showed negligence, that is, did not foresee, did not want the consequences, but due to any circumstances he could and should have prevented them.
Bonuses
Mandatory signs of a crime from the point of view of the subjective side are supplemented by a number of optional:
- Motive. This element is expressed in the form of internal incentives experienced by the person before, as well as at the time the crime was committed. Thanks to the motive, you can set the causes and conditions that gave rise to the need to commit illegal actions. The motive is also to some extent a characteristic of the individual.
- The goal is a clearly visualized result of criminal activity. Illegal behavior is aimed specifically at achieving the goal.
- Emotions best characterize the internal state of a person. This element conveys the feelings and feelings of a person, and also expresses his attitude to the surrounding situation.