The objective side of the crime in criminal law is considered an element of the composition of the unlawful act. There are four components of the composition:
- subject;
- an object;
- subjective side;
- the objective side.
If any of the elements of the composition is absent, further classification of the crime is impossible.
The concept of crime in criminal law
A guilty act of a socially dangerous nature for which a penal measure is provided for in the Criminal Code of the Russian Federation is called a crime. It implies some signs that can characterize its essence. These include the following:
- punishability;
- guilt;
- public danger.
The concept of crime in criminal law is enshrined in article 14 of the Criminal Code of the Russian Federation. The Criminal Code also introduces the concept of criminal behavior, which implies inaction or action characterizing the behavior of the subject in the outside world. Mandatory signs of a criminal act include will and consciousness.
The concept of the objective side of the crime
The manifestation of the essence of the crime, which characterizes the process of directly committing an unlawful act, is called the objective side.
The meaning of the objective side implies that it:
- It is considered an element of the composition (if the attribute of the objective side is not established, responsibility for the act will not occur).
- It delimits similar crimes from each other (for example, theft from robbery).
- The objective side serves to accurately qualify the composition, if it is necessary to establish signs of action that are not indicated in the articles.
The objective side is the meaning of the concept
In criminal law, the significance of the objective side of a crime implies the following:
- On the objective side, you can determine the subjective (motive).
- It makes it possible to draw a parallel between two similar compositions.
- The objective side, as a rule, is most fully expressed in dispositions, thereby revealing the social danger of the act.
- Based on the objective, you can determine the subjective side (find out the motive for committing a crime).
Essential elements
The objective side of the crime includes such components:
- Causal relationship.
- Act.
- Effects.
Act (inaction or action)
Act is an external manifestation of human behavior, which is realized in the form of inaction or action.
Act - active behavior, including volitional and conscious actions of a person.
The criminal act is fixed in the disposition of the article. In some cases, disposition describes absolutely accurate signs of offenses (acquisition, transfer, sale, carrying or transportation of firearms). In certain cases, only general actions are fixed in it, implying the physical influence of a person on objects of the material world.
Inaction is the objective side of the corpus delicti, which implies human behavior. Its hallmark is passivity. A characteristic sign of inaction is the non-fulfillment by the subject of the duties assigned to him, which subsequently led to negative consequences.
Socially dangerous consequence
This is another element that implies the objective side of the crime in criminal law. It manifests itself in the form of damage to the object. This element is classified on the following grounds:
- degree of danger;
- nature of harm;
- description in law;
- degree of implementation;
- value for qualification.
By the nature of the harm caused, the element in question is divided into two groups:
- Intangible.
- Material.
Material consequences mean property damage or physical harm that can be accurately proved and established. Physical harm is a crime committed against a person, life or health. Property damage, respectively, implies damage to property.
Intangible consequences, as a rule, arise during the commission of an act that is intangible. Such crimes include an encroachment on the dignity and honor of citizens, on their political, constitutional or other non-property rights.
Intangible effects are divided into several types:
- On the danger of harm, for example, Art. 205 of the Criminal Code.
- Consequences representing real harm (one that cannot be further proved and accurately established, for example, Article 201 of the Criminal Code).
Also, the signs of the objective side of the crime include consequences that, according to the description, can be enshrined in other rules of law, in the dispositional part of the article, or are not defined in laws and regulations (evaluative).
Depending on the value, the consequences are:
- Mandatory.
- Additional.
Causal relationship
Mandatory features of the objective side of a crime include an element such as causation. It implies a connection between the ensuing consequence and the act with the condition that the act precedes the consequence, and also creates a threat to its occurrence.
Criminal law does not disclose the content of the concept of causation. But based on dialectical teachings, we can conclude that this element implies a relationship in which the cause gives rise to a consequence.
Optional components
The objective side of the crime in criminal law implies the existence of such optional elements as:
- situation;
- gun;
- method;
- time;
- funds;
- a place.
Time and place
Time is a specific time period in which a crime occurred. This element is significant in unlawful acts, for example, related to military service, or during the serving of a sentence.
The place of the crime involves a certain territory, the space on which everything happened. The state territory where the crime was committed is of no small importance for qualification.
Way
The objective side of the crime in criminal law establishes the method of carrying out an unlawful act (it is indicated in the disposition of the article, it manifests itself in various forms of influence on the victim). There are also cases where a group of methods of a wide range of hazards is distinguished. For example, intentionally causing harm to human health or malicious damage or destruction of property. Sometimes the application of a specific method can pose a threat not only to one subject to whom the criminal action is directed, but also to the health and life of many people.
Criminal law classifies the dispositional parts of articles depending on how the act was carried out:
- The disposition indicates only one way of carrying out a criminal act (for example, the corpus delicti of a false denunciation, which was committed using false evidence of a charge, is considered in Article 306 of the Criminal Code).
- The disposition has an exact list of all possible methods of committing an act (for example, obstructing the exercise of electoral rights, as well as depriving the right to participate in referenda or obstructing the work of election commissions).
- The disposition contains an approximate list of methods for committing a crime. In this case, the offense can be carried out in a way that is not contained in the dispositional part of the article (for example, Article 167 of the Criminal Code defines the corpus delicti in the form of intentional destruction or damage to property, while the method may be an explosion, arson, or something else) .
- The wording of the dispositional part does not always indicate the method of implementing criminal acts (for example, Article 125 of the Criminal Code).
The method serves to distinguish between similar corpus delicti and helps to understand the further qualification of the act. If it is not a constructive sign of the composition, then it can serve either as an aggravating circumstance (murder with particular cruelty) or mitigating.
Tool and tool
Signs of the objective side of the corpus delicti include the concepts of means and tools. The latter mean devices and objects that are used by the violator of the law. There are certain differences between the concepts of the instrument and the subject of the crime.
The term "tool" is usually used in the commission of crimes of a violent nature. At the same time, the term “remedy” is applicable to violent acts.
The tool and means are sometimes provided as mandatory components of the offense. In addition, these elements can act as qualifying features of the composition. For example, robbery using gunshot mechanisms. In this case, the presence of weapons significantly increases the risk of a crime, and therefore implies the qualification of robbery.
Crime situation
Signs of the objective side of the crime include the environment in which the unlawful act was committed.
In a broad sense, the situation is a combination of certain economic, socio-political, legal and social conditions. Similar conditions are formed at a particular stage in the formation of society and affect the overall dynamics of crime.
In a narrow sense, the situation is understood as a group of factors that influence the interaction of objects and other phenomena among themselves.
If the qualification is given a correct assessment of the situation, it will allow to achieve the following in the future:
- Identify the identity of the offender.
- Take the most effective search measures.
- Group investigative information.
- Establish the circumstances of the crime.
- Identify the factors that influenced the course of the crime.
The subjective and objective side of the crime - the ratio of concepts
The content of the concept of the objective side is formed on the basis of objective circumstances. The objective side before the direct commission of a crime develops in the mind of a person, after which it finds its manifestation in reality.
The role of the subjective side in relation to the objective is manifested in the fact that the first during the commission of an act of crime predetermines the second.
The subjective and objective side of the crime are equally dynamically developing in space and time. First, the person is aware of the existing possibility of taking actions and the appearance of consequences, and only then demonstrates the accomplished objective process.
When the subjective side controls the objective, the person is responsible for his actions, but only to the extent covered by the first side.