term "corpus delicti" in criminal law is difficult to uncover.To a certain action was criminal, it is necessary that a number of conditions came together.On the domestic non-legal language necessary to say that the perfect work should be spelled out in the law.And then, as it is written, it constitutes "the offense" - a set of features that are provided in the law (especially in the Penal Code) and identifies certain conduct as criminal.
grounds of
All signs are divided into two major groups - both objective and subjective.In turn, each group is further divided into two types.The object and the objective side stand out in the first group of signs, the subject and the subjective side - in the second.In general terms the object of crime - is what the action is directed (human life, property).The objective side is expressed directly in the article (the disposition).The subject - a person who commits a wrongful act and has a number of features: capacity to act, the achievement of a certain age (16 years or 14 to individual severely hazardous formulations).The subjective side can be represented in general form of guilt (intent or negligence).In turn, the intent is divided into direct and indirect, and negligence - by carelessness and negligence.
Mandatory and optional attributes
constitutes a crime, the Criminal Code refers to it must necessarily have a number of attributes, without which it is impossible to qualify as a criminal offense.These include: the existing social relations and actions (or inaction) of a criminal nature, the wine and the presence of the perpetrator of the properties that were specified above.If there is at least one feature, it eliminates the criminality of the offense, and therefore the punishment can not be applied.There are also optional conditions, also known as optional.They may be in the specific case, or may be absent altogether.For example, it is the instrument by which the crime was committed, the environment, the factors that affect the criminal motives and purpose of the act.It should be noted the important role of the optional features.
role optional circumstances
The crime - a generalized formula, but some of them optional feature can be a major.In addition, the optional conditions are playing important in qualifying, aggravate or mitigate punishment.For example, a person affected victim, humiliating his human dignity.Or to deal with a neighbor, an attacker arson of a house, which then burned the house and other buildings.In this case, the aggravating factors are present.
value
major role in the criminal law plays the offense.It is not by accident.It is he who determines the act of crime or not.Also, the offense - is an opportunity to correct classification and differentiation related wrongful acts.For the correct application of the law is important to their uniform interpretation, which is especially important in criminal law, because human life is a core value.
