Today, a single whole and the criminal law in the law has not yet been found and produced.And there are two good reasons.Firstly, criminal law - it is an independent branch, and a separate legal sphere of scientific knowledge, the same name and subject matter, to study future specialists.Second, look at the concept and objectives of criminal law in our country has changed several times over time.
name "criminal" come to us from ancient Russia.Our ancestors called so that part of the law (talking about industries in those days does not make sense), which prescribes punishment for the terrible anti-social acts - crimes.During the crime the offender was responsible head, that is my life.The death penalty was the most common punishment.Criminal law was eerily influence people.The purpose of the criminal law was to prevent conflicts in the society.In the Middle Ages the proceedings were instituted only by the treatment of the victim.Of course, then the concept of criminal law relevant to the present, simply could not be formed.
Then, with the strengthening of the state begin to form specific organs and structures involved in the investigation and denunciation of the perpetrators.The first set of exclusively criminal legal regulations issued under Peter the Great and was called Marking military.Later, when Catherine the Commission has prepared the Charter of the deanery, which emphasized the special role of the State and public bodies in the criminal law.Naturally, at this stage the concept of criminal law substantially changed.The main purpose of punishment was recognized education in a person respectable citizen.In an era of education service to the state it was considered a natural duty of every citizen of a noble and a crime was perceived by the public as anti-state and immoral behavior.
Since the eighteenth century, there are scientific works devoted to the issues of legal and social nature of crime and punishment.The author of the first textbook on the discipline was Osip Goregliad.In the nineteenth century in the domestic social and human sciences have penetrated the popular ideas of positivism in the west.Now, when the issues of improvement of the system of penalties is not only the author turns to his own thoughts and assumptions, but also to experience, experiment, observation convicted.
In Soviet times, once again, a new look at the concept and the subject of criminal law.Proceedings of the pre-revolutionary thinkers recognized in law is fundamentally wrong, there is a rejection of the imperial laws and adoption of new regulations.Here, the criminal law is primarily the state, not society.It allowed the use of the analogy of the law and rights, and for every "unwanted" party system and power for each "enemy of the people" can pick up the article.Code opens with a section on crimes against the state.The human person is not properly protected, crimes against the person are described only in the middle of the criminal law.Naturally, under the influence of time, under the influence of socio-political processes taking place in the State, the notion of criminal law is distorted.
Post-Soviet Russia has entered a new stage of development of the law.Today considered the most serious crimes against the person, and all formulations are divided into those which are excited by the case of public prosecution, the ones on which to start proceedings must be the statement of the victim, and in the case of private prosecution.It is possible that in the near future in the domestic law will be the legal concept of criminal law.
