Objective side of the crime

The objective side of the crime is an element of the offense, the presence of which is mandatory for the qualification of the act (inaction) of the perpetrator. This is an external manifestation of a socially dangerous unlawful assault on a facility protected by criminal law. It is expressed in the aggregate of interrelated obligatory elements, namely, in the act, the consequences that have occurred, the existing causal relationship.

The objective side of the crime is always expressed in the act, which is its main feature. This is a volitional act of conduct, which is carried out through action (inaction), prohibited by criminal law. Socially dangerous acts that are criminalized by the law are fixed in the Criminal Code. The disposition of the article may contain a list of socially dangerous actions (for example, the acquisition, storage, transportation of narcotic drugs) or the name of the crime (for example, murder, robbery, robbery).

The objective side of the crime contains such signs as the onset of consequences that are socially dangerous, and a causal relationship. They are obligatory for material compositions. The consequences of crimes can be different. For killing it is the approach of death, for theft - theft of objects, etc.

Between criminal acts and consequences, the existence of a causal connection is necessary. This means that harm should be caused precisely as a result of the actions (inaction) of the perpetrator, and not because of any other objective factors.

In addition to the basic, there are also optional signs of the objective side of the crime. Let's consider each of them separately.

1. Place of commission, that is, a certain space (territory) where the crime occurred. The definition of this feature is especially important in establishing the territory of the state where the criminal act was committed in order to know which legislation the country should be applied.
2. Time, that is, a certain period during which the crime occurred. As a rule, it is not indicated in a special part of the Criminal Code, but it is often implied, for example, in Art. 106 - killing a newborn mother. In addition, it should be remembered that the crime can occur simultaneously, and can be continued. For example, in the first case, TV from the factory is abducted entirely, in one day, and in the second - by parts for a long time. This distinction significantly affects the qualification.
3. The method of committing a crime, that is, a set of methods, techniques used by the guilty to achieve the result necessary to him. The establishment of the method makes it possible to distinguish between crimes that are similar to each other (for example, to distinguish between robbery and robbery). In addition, it can be specified in the code as a qualifying feature, for example, a generally dangerous method (arson, explosion, etc.).
4. Weapons and means that are used in the commission of an act. Various devices, objects and substances can be used to carry out criminal actions. Keys, acid, poisons, gas, etc. can be used as tools. Vehicles and other vehicles, weapons and objects used in this capacity, etc., are often used as tools.
5. The situation of the crime. It means a certain situation and the existing conditions at the time the crime is committed. This feature is important in the qualification of the actions of the perpetrator when the legitimacy of the necessary defense is exceeded, leaving it in danger.

The objective side of the crime is a necessary element of the crime, in the absence of which the person can not be held accountable.