The crime - a set of subjective and objective circumstances under which you can call it an act socially dangerous.Under the crime itself is understood any specific danger to the public act that was committed at a certain time in a special place.
The crime and its elements
its great value.In fact without it there is no crime itself.The offense is:
- a guarantee that the law will be respected;
- the basis for criminal liability;
- condition for the classification of the offense;
- considered to be the basis for sentencing (only by a court) or taking other measures that are criminal in nature.
The offense may be general or specific.In the first such case it is a sign of all the crimes in the second - about the symptoms of a particular case.
That composition makes it possible to distinguish the offense from the offense.From it are directly dependent species and the possible penalties.Under the classification of the offense is a legal binding composition.It must be recorded in court documents.Final qualification should be contained in the verdict.
criminal offense has its own elements.These are the main parts of its design, which correspond to the different sides of socially dangerous acts.
are the following elements:
- The object of the crime.This term refers to the social relations that are protected by law.This refers to the social relations on which the defendant infringed.The subject of the crime is a sign of the object of the crime.It refers to a specific item of the material world.
- Objective side.It is about the external manifestation of socially dangerous behavior which threatens or harms relations, which are protected by law.
- The subjective side.It is understood as the psychic activity of people, which is directly connected with the commission of a crime.Among its features include motive, guilt goal.Its shape - a negligence or same intent.
- subject of a crime.He is an individual who is able to take responsibility for the offense.In our country, the perpetrator can not be firms and so on, although legislation in other countries, this practice exists.In general, the perpetrator must be absolutely sane and have reached a certain age specifically.
It is said that under the signs of a crime refers to any generalizations that have legal significance of the properties belonging to a certain type.
In general, signs of a crime can be divided into:
- subjective and objective;
- optional and obligatory.
In the first case, the division is based on the fact to which side these signs are (subjective or objective).
Mandatory signs - is:
- wine;
- socially dangerous act;
- the public interest;
- sanity subject;
- a certain age.
Optional attributes - is:
- socially dangerous consequences;
- the subject of the offense;
- the link between the act and immediate consequences;
- motive, atmosphere, time and so on.
Optional attributes are important for many reasons.In some cases, they can go to mandatory.Also note that on the basis of commonly approved by the circumstances that somehow mitigate or aggravate guilt - that is directly influenced by the fact, what sentence will be imposed by the court.They are left without consideration only in exceptional cases.
