in different systems of criminal law problem of sentencing for some crimes committed and the issue limit of punishment solved in different ways.One of the options recognized in the criminal law of many countries, is a set of crimes, including the special principles of sentencing.
A similar system is used for a long time, ever since the Roman law.In those days, there was such a thing as «poena major absorbet poenam minorem», means less to absorb more punishment.That is the totality of the crimes provided for a number of crimes committed only punishment for the most serious of them.Many criminologists have repeatedly pointed out the shortcomings of such a system, considering that the sentence imposed by the principle of "seven woes - one answer" - is ineffective.Perpetrators of some criminal acts are absolutely indifferent to their number, especially, he is indifferent to the crimes, which caused minimal harm.Many believe that, in fact, a criminal killer who committed another theft and violence, is not responsible for the past actions named.
Thus, the totality of crimes - committed by one person more homogeneous, identical and disparate offenses simultaneously or sequentially.This implies that the person has not previously been punished for any of them.All crimes can qualify or several separate articles, or different parts of an article, or a section of the Criminal Code.
Along with the legal concept itself, there is a division on the types of multiple offenses.In accordance with the new approach to the concept of totality in the criminal law of the Russian Federation distinguish its two following types.The first of them - a set of crime qualifies single article of the Criminal Code;the second - the offenses are qualified in several articles (part of the article).
In the theory of criminal law and existing jurisprudence are two subspecies of multiple offenses: the ideal and the real.On a perfect combination to say in cases where one entity in the commission of actions (inaction) is performed two or more separate crime.Example: premeditated murder against one person, while the second injury by negligence of the victim.The key elements of the ideal set of crimes carry them simultaneously.
about the real totality say, if each separate offense is final, or if one of the offenses considered preparatory to the commission of another, more serious offense.When a real person can be combined as a performer and an accomplice, instigator or organizer of the crime.Example: a citizen assaulted another person to steal a cell phone, and later resisted arrest when police using dangerous for health and life of violence.These actions are classified by aggregate two articles: № 161, h. 1, and the number 318, ch. 2.
Along with the set are considering another kind of crime, which has some similarities with this concept - continued crime.This is a series of identical homogeneous actions of a criminal nature, which are aimed at achieving a common goal.Continued crime is often confused with an ideal population, but they have differences on the main feature - the time of the act.If the ideal combination, as already mentioned, the crime committed at the same time, keep the crime can be committed over a long period of time.Example: a person has decided to assemble at home on their own TV set.Since the workplace is a citizen of the plant television equipment, he spent some time theft committed the necessary details from the work place.Start of a continued crime - it is a fact of the first theft, by analogy, the end of the last crime is stealing from the factory.
