In the Criminal Code, crimes differ not only in the object, but also in the severity of the consequences or circumstances.
The main types of crimes
The classification of grave and especially grave crimes implies the level of such a danger that threatens society as a whole or its individual elements, which is the act. Differentiation of crimes by categories began to be applied not so long ago, compared with France, which began to use the multi-stage division of crimes since 1810.
In Russian criminal law, acts are divided into:
- Light weight.
- Moderate
- Heavy.
- Particularly severe.
Within each category, division also exists. Types of grave and especially grave crimes:
- Simple.
- With the presence of aggravating circumstances (qualified).
- With the presence of extenuating circumstances (privileged).
Signs
It should be noted that qualified crimes have special features. Depending on their presence, the crime stipulated by a certain article of the Criminal Code may be simple in the first part, moderate in the second (presence of qualifying signs) and serious in the third (especially qualifying signs).
So, for example, in article 111 (causing irreparable damage to health) in parts 1 and 2, circumstances are indicated that allow us to say that, if they exist, this act will be considered grave. In parts 3 and 4 of the same article, the infliction of harm, the infliction of which the offender had the intent, in the presence of aggravating circumstances will be considered particularly serious.
Sentencing
It is precisely by the level of danger to which society is exposed that the crimes were delimited by the legislator setting the penalties. These sanctions are determined taking into account not only moral principles, but also the conformity and proportionality of the term and nature of the punishment for the crime committed.
So, for example, to clarify which crimes are grave and especially grave, you can pay attention to the punishment for the crime. For crimes that are serious, the maximum imprisonment is up to 10 years, and especially serious - more than the specified period, life imprisonment or death penalty.
Negligence of a crime
When qualifying a crime, it must be borne in mind that only acts of minor gravity can be committed by accident, as well as crimes of moderate gravity. Severe and especially grave are committed only intentionally. The law does not describe a single act committed through negligence, which is dangerous to society and entails appropriate punishment.
Crimes that can be committed through negligence include the killing or irreparable damage to health with a certain intent with the necessary defense (Articles 108, Part 1, and 114 of the Criminal Code of the Russian Federation), death of the victim under the careless action of the guilty (Article 109, Part 1) , damage to health in a state of affect (Article 113) and others. This takes into account the element of surprise in terms of the onset of consequences.
For example, the perpetrator of the crime wanted to beat the victim, but accidentally struck in the temple area, from which he died. Accordingly, the offender did not want this consequence in the exercise of his intent, so this murder will be considered death by negligence.
In the Criminal Code, this act is provided for in article 109, part 1, and is connected, inter alia, with real imprisonment for a period of up to 2 years. When referring to the classification according to which the differentiation of crimes occurs, it can be noted that this case refers to acts of minor gravity.
In addition, if we turn to the general classification, which divides the actions of citizens into violations, misconduct, and crimes, the acts provided for in the Criminal Code, can not be called misconduct or violations, even if there has been a violation of any human rights. For example, in the Criminal Code of the Russian Federation there is article 136 - discrimination. Accordingly, the Code under review punishes this act committed with the help of its special provision.
Relapse
Grave and especially grave crimes are important in determining relapse, which, in turn, is an aggravating circumstance when considering a criminal case for committing a grave crime. For example, the fact that a defendant in a criminal case has previously committed a moderate crime twice (or more) is an occasion to recognize this citizen as a particularly dangerous recidivist.
It should also be noted that when committing the same crime, but for the first time, a person can be sentenced to a real term, but in correctional institutions (correctional institutions) of general or strict regime. In this situation, such a relapse involves serving a sentence in an institution with a special detention regime.
Parole depending on the severity of the act
In determining the possibility of release of a convicted person ahead of time, the division into grave and especially grave crimes is also of great importance. If a serious crime has been committed, release from the colony by parole is only possible if the prisoner has served at least 2/3 of the period specified by the punishment. The commission of an act, which is especially grave, involves the serving of ¾ punishment, and only after that there is the opportunity to be released from the colony by parole.
The decision in these circumstances is made by the court. If the judge decides that the convicted person has served the period of punishment that was necessary for his correction, and, accordingly, may not serve the rest of the term, he shall issue a decision on early release. Moreover, the necessary part of the punishment depends on the danger to the society of the act committed by the convicted person.
Redemption of a criminal record depending on the gravity of the act
A special influence and interdependence is also observed in the extinguishment of a criminal record when serious and especially serious crimes are committed. As a rule, the period of stay in the penitentiary institution for these acts is more than five years (in aggregate depending on the recurrence of aggravating circumstances). The deadlines for the full repayment of a criminal record are established in article 86 of the Criminal Code of the Russian Federation, and in relation to this group of acts are 8 and 10 years, respectively. In part 5 of the same article, there is a provision where the released person has the right, with perfect conduct, to early withdrawal of a criminal record through a court.
In practice, for especially dangerous repeat offenders committing grave and especially grave crimes, a criminal record is never extinguished.
This is due to the fact that while such a person is outside the walls of the colony, even if the appointed time in the correctional institution has expired, he is forced to commit more and more illegal acts. These actions are necessary for the recidivist in terms of the possibility of existence on funds obtained by criminal means, or to maintain a reputation in the criminal environment.
Arbitrage practice
When qualifying crimes, difficulties often arise in terms of sentencing. In criminal proceedings, grave and especially grave crimes, articles on which provide for a longer term than all other categories, are considered from the point of view of the totality of circumstances that existed during the commission of the illegal act.
Judicial practice has accumulated a lot of experience in the investigation of multiple crimes, however, judges often make mistakes. As a rule, if a person has committed several interrelated acts that can be classified as serious, punishment should most often be assigned to a heavier article.