concept and value of the object offense is enshrined in particular, and in the general part of the Criminal Code.The object is one of the four elements of the offense, as well as to determine the level of social danger of the criminal action.
Concept and legal significance
object of crime is protected by law, any social relation, which were committed criminal assault.This is one of the elements of the crime, which plays a major role in the criminal law in general terms means the following:
- is an element of any criminal act.This means that the act is considered criminal only when the public attitude had caused any harm.
- object - a mandatory component for the qualification of the offense.No part of the crime can not exist without the presence of an object infringement.
- Allows you to define the degree of social danger of the criminal action, depending on what relationships protected by criminal law, an infringement has been committed.
- properly installed object separates punishable crime from other offenses.
- Due object can be properly qualify the act.
classification of objects of crime in criminal law
In criminal law, there are certain types of objects.The general part of criminal law is best known for the classification of the element "vertical" and "horizontal".Conventionally, the classification can be represented by such tables.
|group of similar social relations protected by certain rules of law (the code is divided into sections).||totality of all social relations, which are under the protection of the criminal law.||homogeneous kind of relationship designated by sections of the Criminal Code.|
The immediate object of the crime - a certain circle of relationships that are subject to unlawful attacks.
a result of criminal attacks exposed to harm in the first place.Installed by contacting the kinds of objects.
Relations, which, along with the main object undergo damage or threatened to cause harm.
|relationships that are least likely to suffer from criminal acts.|
concept and value of the object of this kind of crime is the set of social relations under the protection of the criminal law.These relations are ranked as: life and health, government ownership, national security and more.A shared object is not fixed, it has its own changes, as well as criminal law.
shared object covers a variety of social relations, which differ from each other by their social significance, and areas of influence.He also okazyvaetsya great influence on the process of the correct definition of the essence and nature of the crime, the degree of social danger of the act, the criminal actions of separating from each other.
certain groups of social relations, which observed a set of interrelated criminal law implies a generic object of the crime.The Criminal Code contains a list of sections in which names denoted a generic object.Sometimes it is contained in the rule of law itself.Therefore, this object is less than the high level of generality of social relations, protected by law.
significance of generic object is that it provides an opportunity to make an exact classification of criminal law and crimes that reinforce responsible for these or other unlawful acts.This property is a generic object and was included in the basis of the construction of the Criminal Code, thereby enabling the legislator to properly combine rules within a single partition.
kinds of objects
element that represents a group similar in substance of the relationship - a specific object of the crime.The Criminal Code establishes the crimes of all kinds of objects into sections.It follows that when a generic object is considered to be a separate group identity crime, then the species will be, for example, life and health, sexual freedom and integrity.The specific object of a more fleshed out and is considered generic subsystem, to relate to him as a "born-view."He also serves as the basis for division of the Code chapters.
classification of objects of crime involves horizontal division into the main object, and an optional extra.
main object - a relationship protected by the specific provisions of criminal law.
main object of the content is very similar to the generic object.For example: misappropriation, theft or fraud impinge on relationships that are in the same plane with the concept of "property", and therefore form part of these relations.If you establish that the perpetrator had intent punctuated by the acquisition of another property, we can conclude - the offense is committed against the property.It is important to determine the qualifications of the legal nature of the act.
additional direct object of the crime is often present in many-compositions.For example: robbery encroach on life and health, and property of the subject.Doing qualification of the crime, this type of action should be referred to the theft as one of the objects of criminal exposure is identical to the generic object head, which is set to the norm.But in this situation we must note that involve subject to punishment is possible only in case of a threat to a further object.If there is no threat to him, and then the composition dvuhobektnogo offense can be excluded.Thus, the act will be evaluated as a robbery, which encroaches on their own.
concept and value of the object of this category of crime is that an optional subject is a concrete social relations that has been harmed as a result of certain crimes.As part of the offense this facility is not provided.For example, blackmail and slander is able to bring a person to suicide.In this case, life is considered to be an optional subject.
Harming optional object, on the one hand, the impact on the subsequent authorization, and on the other - is about the validity of the qualification.Studying the specific offense must be considered that the additional object is sometimes present only in the qualifying format.This makes it possible to clarify the severity and nature of the crime, as well as the skills to do the right deed.
subject of crime
After the species concept and the value of the object of crime have been identified, it is necessary to understand that the crime involves the subject.Relying on the criminal law can be concluded that the values are the subject of the material world, which are subject to the criminal actions of the perpetrator committed during the attack on the object.In other words, it is the material expression of the object.
Since the subject serves as an optional feature in some of the crimes he was not found (for example, abuse of power, the seizure of power).When making some attacks may not be the subject of crime suffer damage (such as embezzlement, smuggling).There are cases where the subject of the offense harmed, say, intentional damage to or destruction of property.
from the object is to distinguish the crime weapon.If the item was used for exposure to an object infringement, in this case, it is considered to be an instrument of crime.If the criminal act committed for a particular thing, then it will be considered subject to the act.The object and subject of crime are the exact qualifications for an unlawful act.So how exactly will depend on the correctness of further consideration of the criminal case.
distinctive features of the subject and object
concept of object and subject of crime governed by the rules of criminal law and have certain differences.The characteristics of these two concepts can be represented by the table.
|subject of crime||object|
|an object of the material world, which is exposed to the perpetrators of criminal acts (eg theft of property).||totality of goods, freedoms, rights, and social interests that are protected by law.|
|In some cases, it is one of the essential characteristics of some acts (for example, the crime of greed).||is a necessary element of the crime, which is not possible without further qualification.|
|As a rule, does not suffer damage.||always suffers damage or is at risk of harm habituation.|
Concluding, we note that the object and the subject of the crime play a major role in the qualification of the crime.The object considered to be social relations, which are protected by criminal law against illegal encroachments.Under the social relations imply the relationship between the entities in the process of dialogue and joint activities, which are under the protection of the law.