What is crime?

In the worldly sense, everyone understands it in his own way, but in the legislative sense of the crime - this is a specific legal category. Let's first look at the history.  In the modern understanding of the concept of crime is not all that old.  It was fixed for the first time in the French criminal code in 1791 and 1810's, and from there in some form was taken over all the other European criminal codes.  Including Russia.  The main feature of the crime - the presence of non-alternative criminal-law prohibition.  What exactly why, what has caused - is the subject of a separate discussion, and to dwell on this in this article, we will not. Today in the legislation of the Russian Federation under the most dangerous offense meant to the public act, directly under the criminal law, that is guilty, a socially dangerous act (action or inaction) prohibited by criminal law under threat of punishment (Article 14 of the Criminal Code).  In other words, that are listed in the Criminal Code - is a crime, but that is not listed - it is NOT a crime.

But it looks good only in theory, everything in life is at times confusing and complicated.  There is such a thing as law enforcement is on the one hand, and the interpretation of the law, on the other.  The fact that the final decision of what constitutes a crime and what is not, in each case, taking the people.  And they have their own perception of the world, the environment, knowledge, finally.  This is not counting the phone, which can call the "top" and say, what to do with this particular case and how to deal with such cases in future. In practice, it seems that a particular act in the same region of Russia can be a crime to the imposition of the guilty verdict of guilty, and in another region of Russia in absolutely the same exemption will make a material.  For example, someone took the money in the debt and did not give a penny.  The lender appealed to the police.  If all this happens in Moscow or Moscow region, 99 out of 100 in a criminal case he will be denied as a "simple economic argument" and "the lender must go to court with a claim against the debtor."  If it happens anywhere in the Tyumen region, it is likely, the case will be filed under " fraud "(ie, stealing other people's property or the acquisition of another's property by fraud or breach of trust). Or sale of property in the pledge.  In order for this composition of a criminal case in the Moscow region, it is necessary to make a lot of action is akin to worldly achievement, and even then not for the fact that it is still opened.  In St. Petersburg, as claimants to such statements in the police force is infinitely happy, ready to kiss her in the forehead and drink tea and buns.  It is understandable why: to investigate the effect of nothing else, to catch the perpetrators, too, all the evidence against rogue follow from the documents submitted by the applicant, and so on.  In short, it is not, as a souvenir - a small man-hours for a 100 percent detection rate, the stars, career development and summer vacation. A separate pool are the tax and customs affairs.  So, for that in Moscow and Moscow region "unfair" taxpayers receive real sentences of the court determining the measure of punishment, including deprivation of liberty - in many regions of the crime is not at all.  As if we do not live in a federal state with a declared common and uniform legal field throughout its territory, and in the U.S. where each state its own laws. And I deliberately do not consider deliberately corrupt or custom case and say it is a general practice and trends. Described above applies not only to cases in economics, but also quite normal everyday situations.  The excess of necessary self-defense , for example.  Or disorderly conduct .  During the firing of a gun in a traumatic car accident in Vladivostok, the culprit is waiting for criminal liability, but only in Perm administration.  If only property damage cost, of course, no casualties.