Concept and significance of the object of crime. Classification of objects of crime

The concept and meaning of the object of the crime is fixed both in the special and in the general part of the Criminal Code. The object is one of the four elements of the crime qualification, and also allows to determine the level of public danger of the criminal actions.

Concept and legal meaning

The object of the crime is any publicly protected public relation to which criminal attacks were committed. This is one of the elements of a crime that plays a major role in criminal law and in general terms means:

1. It is an element of any criminal action. This means that an act is considered criminal only when a social attitude has caused some harm.
2. Object - an obligatory component for the qualification of the crime. No crime can exist without the object of encroachment.
3. It allows to determine the degree of social danger of a criminal act, depending on what relations protected by criminal law were infringed.
4. The correct installed object allows separating a criminal offense from other offenses.
5. Thanks to the object you can correctly qualify the deed.

Classification of objects of crime in criminal law

In criminal law, there are certain types of objects. In the general part of criminal law, the classification of this element "vertically" and "horizontally" is best known. Conditional classification can be represented by such tables.

Common object

The concept and significance of the object of a crime of this kind is the totality of social relations that are protected by criminal law. These relations include: life and health, state property, national security and much more. The general object is not fixed, it has changes, as well as criminal law.

The general object covers various social relations, which differ from each other in their social significance, as well as in the sphere of influence. He also has a great influence on the process of correctly determining the nature and nature of crime, the degree of social danger of the act, delimitation of criminal acts from each other.

Generic object

A certain group of social relations, which is observed by a set of interrelated criminal law norms, implies a generic object of crime. The Criminal Code of the Russian Federation contains a list of sections in the names of which the generic object is designated. Sometimes it is contained in the very norm of law. Thus, this object has a lower level of generalization of social relations protected by law.

The significance of the generic object is that it provides an opportunity to make an accurate classification of all norms of criminal law, as well as crimes that fix the responsibility for certain illegal actions. This property of the generic object was laid in the basis of the construction of the Special Part of the Criminal Code, thereby enabling the legislator to correctly combine the norms within a single section.

Species object

An element that represents a group of similar in content relations is the species target of the crime. CC fixes all kinds of objects of crimes in sections. From this it follows that when a specific object of a particular group of crimes is considered a personality, then species, for example, life and health, sexual freedom and inviolability will be considered. The species object is more specific and is considered a subsystem of the generic, correlating with it as a "kind-species". He also acts as the basis for dividing the code into chapters.

Main object

Classification of the objects of crime horizontally implies the division into the main object, optional and optional.

The main object is relations protected by a specific rule of criminal law.

The main object is very similar in content to the generic object. For example: embezzlement, theft or fraud infringe upon relations that are in the same plane with the notion of "property", and therefore they form part of this relationship. If we establish that the intent of the guilty person was accentuated by the possession of another's property, one can come to the conclusion that the crime is committed against property. It is very important for the qualification to determine the legal nature of the act.

Additional object

An additional direct object of the crime is often present in multi-object formulations. For example: robbery encroaches on both life and health, and on the property of the subject. When making a qualification for this crime, this kind of deed should be attributed to theft, since one of the objects of criminal influence is identical to the generic object of the chapter, in which the corresponding norm is fixed. But in this situation it is necessary to take into account that it is possible to attract the subject to punishment only in case of threat to an additional object. If there is no threat to him, then the composition of the two-object crime can be ruled out. Thus, the act will be assessed as looting, which encroaches only on property.

Facultative object

The concept and significance of the object of a crime of this category is that an optional object is a specific social relation to which harm was caused as a result of a certain crime. As part of the offense, this facility is not provided. For example, blackmail or slander can bring a person to suicide. In this case, life is considered an optional object.

The damage to the facultative object, on the one hand, affects the subsequent sanction, and on the other hand is the reason for the proper qualification. Studying the specific composition of the crime it is necessary to take into account that the additional object is sometimes present only in the qualification composition. This makes it possible to clarify the severity and nature of the crime, as well as to make the right qualification for the act.

Subject of crime

After the types, concept and meaning of the object of the crime were determined, it is necessary to understand what the subject of the crime implies. Relying on the criminal legislation, it can be concluded that the subject is the values of the material world, which are susceptible to the criminal actions of the perpetrator, committed in the process of encroachment on the object. In other words, this is a material expression of the object.

Since the subject acts as an optional feature, in some crimes it is not contained (for example, abuse of power, seizure of power). In the commission of certain encroachments, the crime subject may not suffer damage (for example, theft of property, smuggling). There are cases when the crime subject is harmed, say, with intentional damage or destruction of property.

From the crime subject is to distinguish the gun. If a thing was used to influence the object of encroachment, then it is considered an instrument of crime. If the criminal act was committed for the sake of a concrete thing, then it will be considered the object of the act. The object and the subject of the crime serve to accurately qualify the illegal action. As this will determine the correctness of further consideration of the criminal case.

Distinctive features of the object and object

The concept of the object and the subject of the crime are regulated by the norms of criminal law and have certain differences. The distinctive features of these two concepts can be represented using the table.

Drawing a conclusion, it can be noted that the object and subject of crime play a major role in the qualification of the crime. The object is considered social relations, which are protected by criminal law from unlawful attacks. Under public relations means the relationship between the subjects of law in the process of their communication and joint activities, which are protected by legal norms.