The Constitution of the Russian Federation enshrines in its provisions that both the person himself and his health with life are the highest value. Moreover, this normative act secures for every person the right to personal inviolability and protection against criminal offenses.
Making a general description of crimes against the person, it is worth noting that their compositions are spelled out in the content of the special part of the Criminal Code of the Russian Federation, in the seventh chapter of this act. All the compositions presented in it are divided into several groups.
General characteristics of crimes against the person
The content of the Criminal Code says that acts that are directed against the individual include all those social acts that are characterized by dangerous consequences for society. All their compositions are provided for by the content of this act. The negative impact of such acts is aimed at the safety of human health, life, honor and dignity, as well as its constitutional rights, freedoms and interests.
About composition
Considering the general characteristics of crimes against the person, it is worth noting that they all have a common generic object. It includes all those relations that arise in society, the action of which is aimed at ensuring the security of the individual. It includes all those species objects that are provided for by the section: life, health, constitutional freedoms and rights of citizens, the family, as well as the sexual integrity of the person.
In addition to the object and subject, the structure of the crimes under consideration includes the subjective side, which, as a rule, is expressed by intent, as well as the objective side, which is expressed by both inaction and action.
Consider the features of each of these groups of atrocities.
Acts against personality
Considering the list of crimes, the action of which is directed against the individual, first of all, it is necessary to determine those that involve an encroachment on the life of a citizen and a person. These include all those acts that are socially dangerous and encroach on the safety of human life.
The specific object of crimes of this type are those social relations that ensure the safety of a person's life.
Practicing lawyers note that the acts included in the group under consideration cause irreparable harm to society, and not only to victims, as is commonly believed. Statistics show that in Russia about 30 thousand murders of various degrees of severity are committed per year - this figure should undoubtedly attract public attention, as well as stimulate state and law enforcement agencies to significantly strengthen the fight in this area.
A number of crimes provided for in Chapter 16 of the Criminal Code of the Russian Federation, which constitute an infringement of a person’s life, include the following acts:
- murder;
- murder carried out in a state of passion;
- killing a newly born child;
- killing when exceeding the permissible limits of the necessary defense;
- bringing to suicide;
- killing by negligence.
Acts against health
Crimes against personal health are dangerous acts prescribed by criminal law (Chapter 16 of the Criminal Code of the Russian Federation), the action of which is directed against human health and the safety of this indicator. The species object of all the acts provided for in this section are all those social relations that are designed to ensure the safety of human health.
Some of these crimes include:
- infliction of grievous, light or moderate harm;
- causing severe or moderate harm in a state of affect;
- torture;
- beatings;
- infection with HIV infection or any sexually transmitted disease;
- infliction of moderate or serious harm through negligence.
The crimes of the group in question include some acts that endanger both life and human health. These include:
- threat of death or serious harm to health;
- illegal abortion;
- refusal of assistance to the patient;
- leaving a person in danger;
- forcing a person to transplant organs or to remove them.
Acts against personal freedom
In accordance with the Criminal Code of the Russian Federation, crimes against the person also include those acts that are directed against the personal freedom of a certain person. It should be noted that the legal protection of this concept is carried out not only by the content of the Criminal Code, but also by the Constitution, Art. 22 which enshrines the right of any person to security of person and freedom.
The subjects of these atrocities are individuals who have reached the age of 16, and for some of them even those who have reached the age of 14 may be held liable.
The list of crimes whose action is directed against the personal freedom of people includes the following acts:
- kidnapping;
- illegal placement of a person in a psychiatric hospital;
- the use of slave labor;
- human trafficking;
- illegal imprisonment.
Acts against dignity and honor
It should be noted that dignity and honor are concepts that are pretty close to each other in content. As for honor, this concept belongs to the category of internally moral, and is also a definition of state.
Considering the list of crimes against dignity and honor, it should be noted that these concepts are actively protected not only by criminal law, but also by other branches of law. In particular, the content of the Criminal Code determines that dignity and honor can also be protected under civil law. As for dignity and honor as objects against which the encroachment is directed, they can appear not only in the acts provided for by Chapter 17 of the Criminal Code, but also in other sections of this act of a normative nature, but already in the form of optional objects.
The list of acts against the dignity and honor of man is small. These include insults and slander.
Acts against sexual integrity
Making a general description of crimes against the person, you should definitely pay attention to acts against sexual integrity. Criminal law provides for liability for them from the age of 18, and the subjective side in each case is characterized exclusively by intent.
Chapter 18 of the Criminal Code of the Russian Federation provides a complete list of crimes whose action is directed against the sexual inviolability of the person. Their circle is small - it includes only two types of acts:
- sexual intercourse with a person under the age of 16;
- committing depraved acts with a minor.
Acts against sexual freedom
What are they? The legislation noted that crimes against sexual freedom and the integrity of the person are acts that are committed against a normal way of life, as well as sexual relations acceptable to society. This complex of crimes is small. Based on chapter 18 of the Criminal Code of the Russian Federation, it includes:
- rape;
- coercion to have sex of a person under the age of puberty (16 years);
- sexual assault.
Responsibility for such crimes comes from 14 (for rape) and from 16 years (for all other crimes).
Crimes against constitutional freedoms and human and civil rights
All constitutional human rights are protected by criminal law. Responsibility for violation of this type of rights is provided for in Chapter 19 of the Criminal Code. Only individuals who are over the age of 16 years, as well as people who are in office, which is typical for certain groups (violation of privacy, correspondence, negotiations, etc.), can be attracted to it.
As for the corpus delicti against a person of this type, their subjective side is presented exclusively in the form of intent. An exception to this rule is only the composition of such an act as a violation of labor protection, when health is caused by negligence.
Having studied the crimes of this group in content, they can be divided into three groups: against the principle of equality, against labor rights, as well as a group of acts directed against personal freedoms and rights. Let's consider each of them separately.
The list of acts committed against labor rights includes the following:
- violation of established labor protection rules;
- denial of employment;
- unjustified dismissal of a woman with a child under the age of 3 years or a disabled person;
- patent infringement;
- violation of voting rights;
- creating barriers to journalism.
Considering the list of crimes against the principle of equality and suffrage, it is necessary to highlight the following:
- falsification of election documents;
- violation of equal rights of citizens;
- creating obstacles to the exercise of electoral rights, as well as the work of the election commission.
Of all the groups represented, the most extensive in the number of crimes attributed to it is the one that combines a list of unlawful acts aimed at infringing on personal freedoms and rights:
- refusal to provide information;
- violation of the inviolability of the home;
- violation of the secrecy of correspondence, conversations, etc .;
- creating obstacles to the exercise of the right to freedom of religion;
- the creation of obstacles to rallies, meetings, etc.
Acts against minors
Current criminal law actively protects minors. A specific list of acts for which criminal liability is provided is presented in chapter 20 of the Criminal Code of the Russian Federation. What are the crimes of this group? It:
- trafficking in minors;
- involving a minor in a crime, as well as in antisocial activities;
- sale to minors of alcohol and tobacco products.
The subjective side of the commission of the group in question is always expressed by willful guilt, and only an individual can be the subject.
Crimes Against the Family
The criminal code provides for a whole range of crimes against families and minors. These include all those acts that infringe on the interests of the family. These include:
- disclosure of the secret of adoption;
- child substitution;
- malicious evasion of alimony;
- failure to fulfill the duties of bringing up minors.
The composition of all crimes of this group is characterized by the subjective side expressed by intent. In some cases, the signs of the composition of such acts is the presence of mercenary intent.