socially dangerous act is stipulated by the criminal law criminal acts that damage the object of legal protection.In addition, it is a mandatory feature of any offense.
So, act - is primarily the action or inaction.
active form
under the criminal legal science understands the social unsafe, illegal, deliberate, willful, complex in its structure active behavior of the perpetrator.
active behavior - is the realization of some physical movements.More specifically, the impact on the object of attacks as the muscles and word marks.
latter two types - tacit and verbal - also called intelligent types of active behavior.The most widely used form of tacit as a gesture of crimes complicity.
passive form
As for the omission, it is a public act, unlawful, deliberate, willful, complex in its structure passive behavior of the subject of the offense.
What reflects passive behavior?First of all, the failure to some significant actions that are relevant to the criminal law field.It is a socially dangerous act, which has social significance, defines the responsibilities for action.
It turns out that in this case is considered to be a criminal offense if the individual had a duty to act, there was a real opportunity to implement, but it is inactive.
This duty is defined not only the provisions of the Criminal Code, and other normative acts.It can flow under the Criminal Code of the Russian Federation:
- instructions of the law;
- guilty person performing official or professional duties;
- assumed other functions;
- unsafe behavior.
person shall not be held liable if a criminal act in the form of omission was committed person is not obliged to act in a given situation.In addition, it is absolutely not important severity of the consequences, which occurred due to inactivity.
Signs
criminal act - the act or omission that has certain features, such as a public danger, illegality, awareness, strong-willed character.
Public danger means that crime always causes harm or may pose a threat of damage.
With regard to illegality, it suggests that the act committed by a criminal purposes violates the prohibition in criminal law.In this situation, only the legislator is entitled to allocate the essential features of the specific actions and attribute it to the crime.
Awareness appears that criminality occurs only if done consciously.It turns out that a person must understand the nature of the offense and the danger to the public.In addition, awareness of rights should also touch a certain object, and the harm that is sent directly to it.After analyzing this feature, it turns out that a person can not be held liable if, for example, is accidentally dropped a kerosene lamp, and finally a fire.
strong-willed nature means that a criminal act - the offense is committed by a person fully capable of leadership by their actions at the time of its commission.
complexity and specific offenses
complexity of acts by the fact that any offense involves several stages.You can bring a vivid example.A person who chooses to commit murder using a cold weapon, first selects the desired location.Then the offender is close to the victim at a suitable distance.He then sends the knife's edge in the desired location - in a vital organ.Most often it is the heart, the stomach, the head, and so on. D. The last thing he does - it strikes.
exactly is that the legislator is not sufficient to bring a person to a specific article of the Criminal Code.He must describe the specific acts of human behavior, and how they put it.
circumstance excluding criminality
These are actions that are aimed at addressing the potential threat that is created for the object of legal protection.Such actions - this is the infliction of harm, which is recognized as socially useful and socially appropriate.On the one hand, they are subject to separate regulations of the Criminal Code.However, on the other hand, they do not have the material elements of an offense, that is, public danger.Therefore, these acts do not bear the responsibility of the Criminal Code.Circumstances excluding criminality differ from the minor and that are beneficial or neutral to the public.
Types circumstances excluding criminality
Penal Code identifies six types of circumstances:
- -defense - causing harm while protecting the rights and lawful interests of individuals, society and the state.
- cause harm during the detention of a person who commits an offense - everyone has the right to detain a person who commits the offense.Damage damage can be both individuals and property.
- Urgency - harm to protected interests to overcome the danger to person and another individual, society and state.
- Forcing mental or physical - is not considered a crime if the person was subject to coercion is not able to manage their own actions.
- Justified risk.The risk is justified if there is a useful public purpose, taking the necessary measures to prevent damage, failure to achieve a useful purpose, there is no deliberate threat to other people, the environment and more.
- execution of order or order - in this case the liability incurred by the person who issued such an order or instruction.
