Although the concept of crimes was formed relatively long ago, however, before its appearance, the institution already existed. Although the concept and signs of a crime under the Criminal Code of the Russian Federation are inseparable from the law, the crime itself as a phenomenon existed long before the states themselves appeared. This institution has undergone a long development and numerous transformations, but it has not lost its daily relevance, and it is unlikely that it will ever lose it. This article will discuss the concept and signs of a crime in the articles of the Criminal Code of the Russian Federation that exist and are widely used at present.
Becoming
Long before the concept of crime was enshrined in law, for a long time people had committed acts that initially contradicted the traditions, customs and rules existing in society that existed in it. Such acts could be harmful and significantly disorganize public life. After the first states began to appear, it was necessary in some way to fix how exactly the most common deviations from normal behavior manifest themselves, which had negative consequences. The first legislative collections appeared - the first punishments for crimes arose. They began to punish for murder, theft and many other illegal acts. However, as a legal category of crime, it was much easier to consolidate when special codes began to appear that contained exclusively criminal law norms.
Over the centuries, the signs of crime have constantly changed, since the rules that existed at that time were necessarily included in the account. This is most pronounced in countries where slavery has existed for a long time. Killing your own slave was not originally considered a crime. At the moment, in modern society it is even difficult to imagine that there was a certain layer of society that simply was not mistaken for people.
Today, when the predominance of the middle class has become noticeable in society, most of the highlighted articles on the elements of crimes under the Criminal Code of the Russian Federation are aimed specifically at protecting its interests. A similar picture is noticeably manifested not only in Russia, but also in many other developed countries of the world.
Points of view
Now in the criminal law of various countries there are 2 points of view on how the concept of a crime should be defined.
- The formal point of view is that a crime should be considered only such an act, which was provided for in the criminal law of the particular country where the criminal lives. However, such an interpretation is very general, since in this case it is not clear what exactly should be considered a crime. Ultimately, following such a guideline, even planting trees and walking along the street can be a crime if the legislature decides to introduce such norms into the law.
- The material point of view is more focused on the identification of signs with which you can determine why the act should be considered criminal. A similar practice of identifying signs of a criminal offense under the Criminal Code of the Russian Federation was undertaken in 1922. However, in practice, such a procedure completely failed, because it was not necessary to determine what exactly should not be violated. In fact, relying only on such a point of view, it is possible to consider as a crime all that, for some well-known reason, the judge may seem dangerous to the country and society.
That is why most often these points of view are used together to most fully reflect the definition.
Current legislation
The concept and signs of a crime under the Criminal Code of the Russian Federation in modern criminal law occupy one of the most prominent places. Now it is allocated in order to fully provide protection and prevent dangerous acts. The state determines for itself what exactly it considers dangerous for society as a whole, for the individual and for its constitutional system. Such acts are called crimes.
According to the latest edition of the Criminal Code, in Russia, a formal and material point of view was taken at the same time to define the concept of crime. Relying not only on criminal law, but also psychology with sociology, a personality behavior was determined that is not normal for modern society. This, of course, does not mean at all that criminal law began to study the internal state and attitude of a person, it simply focuses on a person. It is this principle that is the basis of modern Russian law, reckoning only specific criminal behavior as crimes, and not beliefs or thoughts.
The concept
At the moment, the concept and signs of a crime under the Criminal Code of the Russian Federation are clearly fixed directly in the law itself. Under article 14, an act is recognized as a crime, which is considered to be guilty and socially dangerous, and is also prohibited under the threat of punishment by the existing criminal law in the country. That is why even a formal act that has been committed cannot be recognized as a crime if it does not pose any danger to society because of its low significance.
It should be understood that any crime entails criminal liability, that is, the state can apply a sanction to a person within the limits provided by law for committing such an act. This gives a certain factor that makes an adequate person understand that in order to achieve his goal he should use only such means that will not contradict the existing rules.
The difference between a crime and other offenses
Crimes are by no means the only option for unlawful acts by people. There is a rather large list of offenses that are divided into groups depending on which particular legal industry regulates them, as well as regulatory methods. That is why there may be crimes, civil and administrative tort. All such offenses have the same basis - they are socially dangerous and unlawful.
In turn, crimes carry the highest danger to the state and its constitutional order. That is why they can vary from country to country, depending on what the state considers dangerous for itself. It is often at the level of public danger that crimes are separated from other offenses.
Signs of a crime under the Criminal Code of the Russian Federation
If you carefully analyze the Criminal Code of the Russian Federation, then with ease you can highlight the signs existing in theory and practice of this act. The following signs of a crime in the Criminal Code of the Russian Federation in Art. fourteen:
- Public danger.
- The wrongfulness of the act.
- Crime is always a guilty act.
- Punishment for committing.
Public danger
The main material sign of a crime under the Criminal Code of the Russian Federation can be called its public danger. With its help, you can determine why precisely this or that act can be considered a crime. This objective property allows us to understand whether the danger was caused to objects that are under criminal law protection.
For the first time, this feature found its legislative consolidation in Russia back in 1919, the very first of all. Since then, it has acted as a determinant of what contradicts the country's normal living conditions in the country. Crimes have the highest degree of public danger, and therefore are a top priority.
Wrongfulness
Another important sign of a crime under the Criminal Code of the Russian Federation is the wrongfulness of the committed act. It should be understood that any offense carries a certain degree of public danger, however, in the legal sense, the sign of wrongfulness prevails. By himself, he understands how the state relates to the perfect action, whether it considers it dangerous for society. As soon as the state recognizes this fact, the crime is enshrined in the norms of criminal law. In the very act of recognizing the action as unlawful lies a large chunk of politicism, since the authorities should express the public's view of what it considers to be contrary to the rules.
Guilt
An act can be recognized as a crime only when the unlawful and socially dangerous act was committed consciously. A person must initially assume or know that the actions performed by him can damage the existing rules and wish the consequences to occur. That is why, if the act was completely without intent, it cannot be considered a crime, despite the exact consequences that have occurred. That is why in order for a person to be convicted, he must reach the age of criminal responsibility and be capable, since otherwise there are doubts as to whether he could be responsible for his actions.
Punishability
As soon as an announcement appears in the legislation stating that the act is included in the number of crimes, the punishment for it is immediately announced. That is why without this it is impossible to assume more than one crime, because without a person incurring the assigned criminal liability, anyone who comes to mind can commit it. Sanction is mandatory - it acts in an educational and preventive role. Punishment is not so much a sign of qualification of crimes under the Criminal Code of the Russian Federation as a consequence, since even if it later becomes impossible to punish a person for a crime, his actions will not cease to be considered as such.