offense under the Criminal Code called wrongful culpable conduct constituting a public danger and prohibited by law under threat of sanctions.
signs of crimes stemming from the concept is a public danger, guilt, illegality and criminal liability.
most dangerous acts infringing on the person are crimes against life and health.The liability for such offenses depends on the severity and nature.In this article we look at the definition of these crimes, their classification and the differences between them.
categories of crimes
Crimes against life and health, as well as other kinds of offenses can be divided according to the degree and nature of public danger into several categories (groups):
1. Small gravity.
3. serious and very serious.
illegal acts of minor gravity are wrongful acts intentionally or negligently.For such actions punishable imprisonment for a term not exceeding the spirit of years.Category
acts of moderate severity includes intentional and committed acts of neglig
Violent acts are characterized by a deliberate violation of the law.The punishment for them is provided in the form of imprisonment for a term not exceeding ten years.
serious crime form an intentional act the sanctions for which are provided in the form of imprisonment for a term exceeding ten years.
Ingredients crimes and signs
All kinds of acts, including crimes against life and health, have their composition.If there is not at least one of the four elements of the offense, the criminal case is not excited.Or it closes.Under the structure refers to the existence of the crime of subjective and objective symptoms.They determine how the violation of public danger.Grounds of a criminal offense are divided into types:
1. The object and its side (outer side of the offense).
2. Subject and his side (the inner side of the offense).
object - something that violates the attacker, that is an act which harms.The outside of the crime is characterized by appearances.For example, as an illegal act, which has caused the effects, and so on. D. The subject is a person who has committed a criminal offense, and his features (age, height, position and so on. D.).The inner side of the crime indicates the presence or absence of intent, motive, goal.We can say that it characterizes the mental activity of the subject.
concept of crimes against life
It includes all forms of deprivation of life, as well as causing death by negligence, and incitement to suicide.
murder is intentional wrongful act, entailed death of another person.
object in this case is the human life as a particular biological state of an organism.In practice, the beginning of life is the moment of birth.A termination of the biological activity of the fetus before birth because of the violence is considered as an offense causing harm.
Types of crimes against life
Any murder is always a source of danger to the person.Therefore, all such crimes are divided into categories depending on the level of social danger for several species.
1. Manslaughter.There are no circumstances that aggravate guilt.
2. Qualified forms of deprivation of human life (if there are aggravating circumstances).
3. Preferred compounds of murder (with mitigating circumstances).
all crimes against life are not considered murder if committed by negligence.After all, if the actions of the subject does not appear to indirect or direct intention of committing illegal acts.
What are the characteristics of crimes against life?Actions that target human life, include all kinds of murder.This also applies to the incitement to suicide, and causing death by negligence.Murder is causing death, which is committed with direct intent.
characteristics of crimes against life begins with the definition of the object.He is always the life of the person against whom an illegal act (as a particular biological state).The outside of the crime expressed in the public danger and obtained consequences - the death of the victim.The subject - the person at the time of the murder, rape or, for example, robbery, has attained the age of fourteen, in other cases - sixteen.The individual elements of a crime, criminal responsibility begins at the age of eighteen.The inside of the unlawful act is solely a deliberate form of guilt.It is determined in the presence of direct or indirect intent.Exceptions are cases of causing death by negligence.
offenses entailing injury
illegal acts committed against the health of another person.They are socially dangerous, prohibited by criminal law.They impinge on the safety of the health of persons in relation to which a criminal act was committed.Health - natural physiological human condition characterized by his lack of defects and diseases.
What is characteristic of crimes against public health?What in this case is the human health in respect of which the act was committed?As you know - the object.From the outside, the crime is expressed in action (action or inaction) of public danger which caused the occurrence of injury by physical, biological, psychological, chemical and mechanical influences.The subject performs the act the person is not under the age of sixteen years, except for liability in fourteen years when it was caused by serious or very serious harm.On the subjective side of the crime is a deliberate form of guilt.The exception is when a person is harmed by negligence.
consider crimes against health.Acts that harm another person, can be classified according to the criterion of danger into three types:
1. bodily harm.
2. Damage moderate.
3. The heavy degree of injury.
Depending on the way the act was committed crimes against health are divided into several types:
1. Damage to the criterion of danger.
2. The offenses non-violent, but endangering the normal state of another person.
3. Torture and beatings.Characterized by the repeated use of violence.
4. Acts endangering human health and life.
punishment for crimes
It is clear that for all illegal actions have to pay.Crimes harmful to health, be held criminally responsible.It is determined according to the gravity of the act.Responsibility for crimes against health can be, for example, in the form of a fine, compulsory work.Also, criminals are punished by restriction of freedom or purpose of correctional labor.For example, the penalty for beating, binding, or corrective labor, as well as the arrest.For human immunodeficiency virus criminal legislation provides for imprisonment.Except in cases of infection due to improper performance of assigned to him professional duties.
punishment for murder is assigned in the form of restriction or deprivation of liberty.The exceptions are the crimes committed by negligence.
We now know that such crimes against life and health, and what are their differences.