The plurality of crimes is spoken of if several persons were committed by one person (for example, more than two). We note right away that in this case a criminal record does not matter.
The multiplicity of crimes has the following features:
- A person must commit more than two independent crimes.
- Only those offenses that have not lost their legal significance are taken into account. This refers to the fact that the statute of limitations has not yet expired, an amnesty act has not been issued, and so on.
- Crimes should be established solely by a court verdict. A person who committed a socially dangerous act, but whose criminal case was terminated for one reason or another, shall be recognized as not having committed a crime.
- Not only completed, but also unfinished crimes are taken into account.
Compound, ongoing, ongoing crime are not forms of multiplicity of crimes. By continued is meant a single offense directed exclusively at one object committed by a number of similar actions. The goal remains the same. The multiplicity of crimes has nothing to do with it.
The continuing one continues continuously for a certain period of time. For clarification, we note that it has the nature of a process. A composite crime results from two separate acts. An example is robbery, which is harm to the health associated with theft.
Types of Multiple Crimes
There are two of them. We are talking about a combination of crimes and relapse.
The totality is said if the acts were committed by the person who had not previously been convicted under any article of the Criminal Code.
In this case, the multiplicity of crimes has the following features:
- one person must commit more than two crimes;
- each of them is committed before conviction for any (at least one);
- Crimes must be qualified by various articles of the Criminal Code or by separate parts of one article.
The set is divided into two types. It can be perfect or real. The latter refers to a person committing several crimes. The ideal totality is understood as the commission of one act, the responsibility for which is provided for by several parts of the Criminal Code at once.
The multiplicity of crimes has a form of relapse. It is understood to mean the commission of new acts by the person who previously violated the criminal law and was convicted of it.
Signs of relapse are as follows:
- only those crimes are taken into account, the basis of the commission of which is intent;
- a criminal record is taken into account only outstanding (unrequited);
- There must be at least two separate crimes.
Relapse itself can be especially dangerous, simple, and also dangerous.
The degree of danger depends on the nature of the crimes committed, the number of convictions and so on. Those that they committed before the age of eighteen are not taken into account. Also, crimes with a small degree of severity are not taken into account, and those for which punishment was imposed conditionally, there was a delay of punishment.
What is a criminal record? Under it is understood the special legal status of persons sentenced by the court to criminal punishment. The moment of its occurrence is the sentencing. She is removed after a certain time after serving the sentence. In cases of conditional conviction, it shall be withdrawn on the day when the term of this conviction ends. The person from whom the criminal record was taken is recognized as not convicted. What is its meaning and significance? Particular emphasis should be placed on the fact that it is a serious aggravating circumstance.