The Criminal Code of the Russian Federation: the concept of crime

concept crime clearly stated in the Criminal Code, which states that a crime is commonly understood as a social act that can carry a danger to society.In short, the definition lists the main elements of a crime, which include mandatory guilt, wrongfulness of the act, its danger and absolute offense.Speaking in simple language, without resorting to legal terms, a crime - it is action that brings the mountain a lot of people, leaving them without relatives, without a livelihood and housing, health, and peace of mind - without those vital values ​​which are simply knock outtrack, some, unfortunately, forever.

Any act must be characterized in the first place according to the ancient principle that is known from the time of Roman law.It says that "there can be no indication of a crime per se in the Law," that is to be attributed to a criminal act, it is necessary to characterize the actions it is currently the Criminal Code.There can be no legal consequences for criminal liability established by another legal act, be it even a presidential decree.

concept includes the definition of the crime of criminal behavior, which can be active or passive (the action or, conversely, inaction).An inherent feature of such behavior that carries the mandatory application of sanctions, is the will and consciousness.

concept of a crime

The crime - a set of signs of danger to the public acts, provided the Criminal Code.

The main value of a crime referred to the fact that he is the only one, as well as a sufficient indicator of the actual crime.State the fact of committing a crime can only be subject to the mandatory establishment of the act the person specified in the legislation attributes its composition.The only way possible to express the basic principles of the law - justice, rule of law, equality of everyone before the law and guilt.

concept of crime determines the main features of its composition, which implies the obligatory presence of the four elements:

1. The object of the crime - socially important interests and values, which infringes the person committing the act.

2. The objective aspect, ie, the totality of the manifestations of the criminal act.

3. The subjective side - a set of mental and volitional processes occurring in the mind of the person committing the crime.

4. The subject of the crime - a person, characterized by responsibility and attained at the time of committing the act age of criminal responsibility.

concept of qualification of crimes

concept of crime involves a binding effect, as his qualifications, which is carried out by persons leading the prosecution and judges at various stages of the criminal process.This procedure detects the presence of a socially dangerous act of conformity established criminal rules indications of crime.To qualify a particular crime - means giving certain legal assessment, to point out the rules of criminal procedure, which corresponds to all grounds of the crime.

result of correct classification is the presence of the final conclusion that the qualification of the crime in question is subject to only the article (set of articles), and not for any other.

concept of crime - a set of different rules, processes, each of which is characterized by its particular way and only aimed at achieving the objectives expressed in the rule of law and the establishment of the only proper penalties for the offense.