Types of corpus delicti in the modern Russian criminal legal theory

Classification of elements of a crime is not only of theoretical significance, but also practical importance.Correct implementation of regulatory requirements is not possible without understanding the nature of the legal categories.Features criminal acts become more apparent when considered in groups formed on any grounds.

Formulation types to classify the crime for several reasons.These include:

  • the extent and nature of public danger of the act committed;
  • its consummation;
  • design objective side;
  • way of describing the basic elements of a crime.

At first base isolated simple, privileged and qualified formulations.These types are distinguished by the presence or absence of factors that "increase" or "reduce" criminal guilt.So the offense without the mitigating and aggravating circumstances is called simple.The presence of both factors - the definition of a qualified "complex" of the object, the subject of the same name and the parties.The preferred composition includes only the presence of aggravating circumstances.

second reason - the degree of completion of a criminal act.Formulation types offense under this delineated in the text of the Criminal Code.Thus, the act can be consummated and incomplete.In the first case, according to the instructions contained in the actions of the offender whole complex of signs of a crime under the relevant article of the law.In the second act of the person should be characterized by all the features of the preparations for the assassination or criminal acts.

uncompleted crime, in turn, can be qualified as a preparation for it.Or, depending on the features becoming available, the act recognizes the full or partial attempt.

third base classifies types of elements of a crime according to the design of one of the components - the objective side.The latter has various features.This classification distinguishes the formal and material compositions.

The second kind takes into account the whole complex of the main features of this element: the act and the consequences of having the character of public danger, as well as the causal relationship between these two components.This composition is the case when the person committed the act (by itself) of the Criminal Code expressly provided.For example, violation of traffic rules is an offense but not a crime.A socially dangerous consequences occurred as a result of the incident, such as damage to human health are already a crime.

Types of crime classified under this include cases where the nature of the act is taken into account only, not the consequences.For example, the dissemination of false and defamatory information, the person, regardless of the consequences, is qualified as a criminal offense.But in this case we are talking about formal composition.

latter can be presented in two forms.There are different kinds of corpus delicti degree of completeness.Simple composition assumes full implementation of criminal intent.In the second case it is about preparing to commit acts.Such a composition is called truncated.

method describe signs of criminal acts formed the basis of the following classification.There are simple and complex compositions.In the first case, the properties of crime associated with a single object encroachment.The second question is, for example, of such wrongful acts as a robbery.In this situation there are two objects of encroachment, and this composition is called complex.