Concept and characteristics of crime

Criminal law provides a definition of the crime. Thus, the offense under the criminal law recognizes socially dangerous act action or inaction that infringes on the social order, political and economic systems, identity, labor, property and other rights and freedoms.

Not a crime act or omission, although formally containing signs of an act under criminal law, but because of insignificance not danger to society.

Legislator, giving the definition of crimes committed in his concept of the main features - a public danger and illegality. Consider these signs.

Socially dangerous act is an objective property deeds actually cause substantial harm to the objects under criminal law, ie, personality, property of citizens and organizations, etc.

As regards the term "act", it consists of two words: "action" and "inaction." Action is socially dangerous, active and informed voluntary behavior of man in society. For example, cheating buyer seller shop bodily injury citizen of hooliganism, etc. Inaction - is socially dangerous, passive, conscious volitional behavior face. Passivity manifests itself in imperfect actions which the person was obliged to and could commit.

Wrongfulness appears that violates the norm enshrined in criminal law prohibition to commit an act that causes or is capable of causing significant damage to the objects protected by the criminal law. Thus, under pain of criminal punishment prohibits kidnapping personal property.

Wrongfulness can be expressed in default face his responsibilities.

Combination of features that make up according to the law a specific type of crime, called corpus delicti. Criminal liability and punishment are possible only if there is a person in the act of a crime: object, the objective side, the subject, the subjective side.

Object of the crime are:

social system;

political and economic systems;

property;

person (people);

political, labor, property and other rights;

the rule of law.

Objective side - the act or omission by which a crime is committed. For example, by the action takes place in secret abduction personal property (ie, theft).

Perpetrator - a person who has attained the age specified in the law, able to account for their actions and guide their actions, ie, to be sane (mentally full). Criminal law has established that criminal liability shall be persons who, before the offense was 16 years, and for a series of crimes (such as murder, theft, robbery, rape, etc.) - 14 years.

The subjective side - it is the fault, ie, the psychological attitude of a person to commit a crime. Taken to distinguish between guilt in the form of intent and negligence form.

Intent is characterized in that the offender, unaware socially dangerous nature of his action or inaction, foresaw its socially dangerous consequences, and willing them or consciously allowed these consequences.

A crime is considered negligent if the person who committed it foresaw the possibility of socially dangerous consequences of action or inaction, but thoughtlessly counted on to prevent them or did not foresee such consequences, although he should have and could have foreseen them.

Criminal law distinguishes crimes stage. In particular, the preparation of a crime, attempted crime, committed offense.

Courts must take into account when sentencing for the preparation and attempt the nature and degree of social danger of acts committed guilty, the level of criminal intent and the reasons why the offense was not brought to an end. A person who voluntarily renounced the consummation of crime, be held criminally liable only if the act committed by him actually contains the elements of a crime.

Criminal law has established that they are punished for the crime of not only the person who committed it directly, but also those persons who in one way or another contributed to its commission. In this case we are talking about complicity. Complicity is the intentional joint participation of two or more persons in the commission of a crime.

Accomplices in the crime along with the performers recognized organizers, instigators and accomplices. Criminal law punishes and concealment, and failure information reliably known or crime.