actus reus of criminal law is considered element of the wrongful act.There are four components of the composition:
- the object;
- the subjective side;
- the objective side.
If any of the elements of the missing, the further qualification of the crime is not possible.
concept of crime in criminal law
offense, bearing socially dangerous character, for which the Criminal Code provides for punishment is called a crime.It implies a certain signs that can characterize its essence.These include the following:
- public danger.
concept of crime in criminal law fixed by Article 14 of the Criminal Code.Also, the Criminal Code introduces the concept of criminal behavior that involves action or inaction, which characterizes the behavior of the subject in the outer world.The essential features of a criminal act include the will and consciousness.
concept of actus reus
manifestation of the essence of the crime, which characterizes the process of direct commission of unlawful acts, called the objective side.
meaning of the objective side means that it:
- considered element of the (if the sign of the objective side is not set, the responsibility for the act does not occur).
- separates from each other similar crimes (eg, theft of robbery).
- objective side is for the exact qualifications of staff if you need to install the signs of action, which are not specified in the articles.
objective side - the meaning of
In criminal law, the value of actus reus involves the following:
- On the objective side, you can define a subjective (motive).
- It gives the opportunity to draw a parallel between the two are similar compounds.
- objective side, as a rule, most fully expressed in the disposition, thereby revealing the socially dangerous acts.
- basis of objective, subjective side can be determined (to learn the motive of the crime was committed).
objective side of a crime includes the following components:
- causal link.
act (action or inaction)
act - the outward manifestation of human behavior, which is realized in the form of action or inaction.
Action - active behavior, including the willful and deliberate acts of man.
criminal acts fixed in the dispositions of the article.In many cases describes the disposition absolutely accurate indications of offenses (acquisition, transfer, sale, carrying or transporting of firearms).In certain cases, it secured only general actions involving physical human influence on material objects.
Inaction - the objective side of the offense, which means human behavior.Its distinguishing feature is passivity.A characteristic feature of omission - failure to comply with the subject of his responsibilities, which further led to negative consequences.
socially dangerous consequences
This is another element that involves actus reus of criminal law.It manifests itself in the form of damage caused to the object.This element is classified on such grounds:
- degree of risk;
- nature of harm;
- description in the law;
- degree of implementation;
- value for qualification.
By the nature of the harm caused to the element in question is divided into two groups:
Tangible consequences implies a material or physical damage, which amenable to proof and to establish accurate.Personal injury is a crime committed against the person's life or health.Property damage, respectively, involves harm to property.
Intangible effects usually occur during the commission of an act that is intangible in nature.These crimes include assault on the dignity and honor of the citizens of their political, constitutional or other non-property rights.
Intangible consequences are divided into several types:
- According danger to harm, such as Art.205 of the Criminal Code.
- consequences of representing real harm (one that is not subject to further evidence and the establishment of precise, for example, Art. 201 of the Criminal Code).
also signs of actus reus include effects that the description may be fixed in the rules of law in the dispositional part of the article or not defined in laws and regulations (estimated).
Depending on the value of the consequences are:
Mandatory signs of actus reus include an element such as a causal link.It implies a connection between the consequences or the act with the proviso that the act precedes the consequences and poses a threat to its occurrence.
Criminal law does not disclose the content of the concept of causation.But based on the dialectical exercise, it can be concluded that this element implies a relationship in which the cause produces the effect.
actus reus of criminal law implies the existence of such optional elements as:
time and place
time - a certain time period in which the crime occurred.This element is set in the wrongful act, for example, related to military service, either while serving their sentences.
place of the crime involves a certain territory, the space in which it happened.For the qualification of considerable importance is the state territory in which the offense.
actus reus of criminal law establishes the method of the wrongful act (it is listed in the dispositional part of the article, manifests itself in various forms of effects on the victim).Also, there are cases where a group of ways to distinguish a wide variety of danger.For example, intentional infliction of harm to human health or malicious damage or destruction of property.Sometimes the use of a particular method can pose a threat not only to the one subject on which directed a criminal act, but also on the health and lives of many people.
criminal legislation classifies the disposition of the items, depending on the manner in which it was carried out the act:
- The disposition specified only one way to implement a criminal act (for example, the offense of false accusation that committed with the use of false prosecution evidence consideredin article 306 of the Criminal Code).
- dispositions enshrined in a precise list of all the possible methods of committing the act (for example, obstruction of the implementation of the electoral rights and the deprivation of the right to participate in referenda or obstruction of the work of electoral commissions).
- The disposition designated sample list of ways of committing crimes.In this case, the offense can be carried out in a way that is not contained in the dispositional part of the article (such as Article 167 of the Criminal Code defines the offense of willful destruction or damage of property, while the method can serve as an explosion, arson, or something else).
- The wording of the dispositional not always given way to the realization of criminal acts (for example, 125 of the Criminal Code).
method serves to distinguish between similar offenses between themselves and helps to understand the further qualification of the act.If it is not a sign constructed composition, or can serve as an aggravating circumstance (murder with special cruelty), or mitigating.
means and instruments
Signs of the objective side of the crime include the concept of means and instruments.Recent involve fixtures and items that are used by the perpetrator.There are certain differences between the concepts and tools of the subject of crime.
The term "cannon" is usually used in the commission of crimes other than violent.At the same time, the term "agent" is applicable to violent acts.
instruments and means are sometimes provided as a mandatory component of the offense.Moreover, these elements may act as the qualifying features formulation.For example, robbery with a deadly machinery.In this case, the presence of weapons significantly increases the danger of the crime, and therefore involves the qualification structure of robbery.
situation committing a crime
Signs actus reus include the environment in which it was committed a wrongful act.
Broadly speaking environment - a set of specific economic, political, legal and social conditions.Similar conditions were at a particular stage of development of society and the impact on the overall dynamics of crime.
In a narrow sense the situation is understood as a group of factors that affect the interaction of objects and other phenomena with each other.
If the qualification to give a correct assessment of the situation, it will allow in the future to achieve the following:
- determine the identity of the perpetrator.
- take the most effective measures investigation.
- Sort investigative information.
- establish the circumstances of the crime.
- Identify the factors that influenced the course of the crime.
subjective and objective aspect of the crime - the ratio concepts
The meaning of the objective side is formed on the basis of objective circumstances.The objective side before actually committing the crime consists in the consciousness of the person, and then finds its manifestation in reality.
role of the subjective side relative to the objective manifested in the fact that at the time of the first act of the crime determines the second.
subjective and objective aspect of the crime is equally dynamic in space and time.First, the person is aware of the existing possibility of the action and the appearance of the effects, and after demonstrating an accomplished objective process.When
subjective side controls an objective, the person responsible for his actions, but only to the extent covered by the first party.