A crime in the criminal code refers to an unlawful guilty act representing public danger and prohibited by law under the threat of sanctions.
Signs of crime arising from the concept itself are public danger, guilt, wrongfulness and punishability.
The most dangerous acts encroaching on a person are crimes against life and health. The degree of responsibility for such misconduct depends on their severity and nature. In this article we will consider the definitions of these crimes, their classification and differences among themselves.
Crime Categories
Crimes against life and health, as well as other types of punishable acts, can be divided according to the degree and nature of public danger into several categories (groups):
1. Light weight.
2. The average.
3. Heavy and especially heavy.
Unlawful acts of minor gravity are unlawful acts intentional or reckless. Such actions are punishable by a term of imprisonment not exceeding the spirit of years.
The category of acts of moderate severity includes intentional and negligent acts. For them, imprisonment is provided for no more than five years. And the punishment for a crime of negligence does not exceed a two-year period of detention.
Grave acts are characterized by deliberate violation of the law. The punishment for them is provided in the form of imprisonment for a term not exceeding ten years.
The category of especially serious crimes is formed by intentional acts, sanctions for which are provided in the form of imprisonment for a term of more than ten years.
Composition of a crime and its signs
All types of acts, including crimes against life and health, have their own composition. If at least one of the four elements of the composition of the act is missing, then a criminal case shall not be instituted. Or it closes. The crime constitutes the presence of subjective and objective signs. They define the violation as representing a public danger. The signs of a criminal offense are divided into types:
1. The object and its side (the external side of the crime).
2. The subject and his side (the inner side of the crime).
The object is what the attacker encroaches on, that is, what the action causes harm. The external side of the crime is characterized by external manifestations. For example, how an illegal act was committed, what caused the consequences, etc. The subject is the person who committed the criminal act, and its signs (age, height, position, etc.). The inner side of the crime indicates the presence or absence of intent, motive, purpose. We can say that it characterizes the mental activity of the subject.
The concept of crime against life
It includes all types of deprivation of life, as well as causing death by negligence and bringing to suicide.
Murder is a deliberate unlawful act that entails the death of another person.
The object in this case is human life as a special biological state of the body. In practice, the beginning of life is considered the moment of birth. And the termination of the biological activity of the fetus before the birth of the child due to violent acts is considered a punishable act as causing harm to health.
Types of Crimes Against Life
Any murder is always a source of danger to humans. Therefore, all categories of such crimes are divided into several types depending on the level of public danger.
1. Simple kill. There are no circumstances that exacerbate guilt.
2. Qualified types of deprivation of human life (in the presence of aggravating circumstances).
3. Privileged killing compounds (with extenuating circumstances).
All types of crimes against life are not considered murder if committed through negligence. After all, then in the actions of the subject there is no indirect or direct intent to commit an illegal act.
Characteristic
What is the characteristic of crimes against life? Actions targeted at human life include all forms of killing. This also applies to bringing to suicide, and to causing death by negligence. Murder is considered to be causing death, which is completely with direct intent.
Characterization of crimes against life begins with the definition of the object. It is always the life of a person against whom an illegal act has been committed (as a special biological condition). The external side of the crime is expressed in public danger and the consequences - the death of the victim. Subject - a person at the time of the murder, rape or, for example, robbery, who has reached the age of fourteen, in other cases - sixteen years. In certain corpus delicti, criminal liability begins from eighteen years of age. The inside of an illegal act has a deliberate form of guilt. It is determined by the presence of direct or indirect intent. The exception is cases of causing death by negligence.
Harmful offenses
Illegal acts committed against the health of another person. They are socially dangerous, prohibited by criminal law. They infringe on the safety of the health of the person in relation to whom the criminal act was committed. Health is a natural physiological state of a person, characterized by the absence of defects and diseases.
Characteristic
What is the characteristic of crimes against health? What in this case is the health of the person in respect of whom the act was committed? As you already understood - an object. From the outside, the crime is expressed in an act (action or inaction), representing a public danger, resulting in the occurrence of harm to health through physical, biological, mental, chemical, mechanical influences. The subject of the act is a person not younger than sixteen years of age, with the exception of the onset of liability at fourteen years of age, when serious or especially serious damage was caused. On the subjective side, the crime has an intentional form of guilt. The exception is cases when harm is caused to a person by negligence.
Kinds
Consider the types of crimes against health. An act harmful to another person can be classified according to the hazard criterion into three types:
1. Light damage to health.
2. Moderate damage.
3. Severe degree of injury.
Depending on the method of committing the act, the types of crimes against health are divided into several types:
1. Damage by hazard criteria.
2. Crimes not related to violence, but endangering the normal state of another person.
3. Torture and beatings. Characterized by repeated use of violent acts.
4. Acts endangering human health and life.
Punishment for crimes
It is clear that for all illegal acts you have to pay. Crimes harmful to health are subject to criminal liability. It is determined depending on the severity of the act. Responsibility for crimes against health can be, for example, in the form of a fine, compulsory work. Criminals are also punished by restriction of liberty or the appointment of correctional labor. For example, fines, compulsory or corrective labor, as well as arrest are provided for beatings. For infection of the human immunodeficiency virus, criminal law provides for imprisonment. Except in cases of infection due to improper performance by a person of his professional duties.
Punishment for murder is imposed in the form of restriction or imprisonment. The exceptions are crimes committed through negligence.
Now we know what crimes are against life and health and what are their differences.