Socially dangerous consequences: concept, types, signs, meaning, forms

A criminal act is the most important feature in the design of the objective side of any offense. It means criminal acts or inaction.

What is action and inaction

The action is the active behavior of the subject, which in most cases manifests itself in a physical effect on an object. In addition to physical influence, the action can be manifested in both verbal and written form (for example, the threat of murder, insult and other).

Concerning criminal inaction, it can be said that this is a passive form of manifestation of an act. In this case, the person refrains or shuns from doing any actions that needed to be performed. In a similar situation, it is important to begin with to find out whether a person could act in the right way, that is, his duty. This duty can be assigned both in the form of direct indication by means of a normative act (contract), as well as due to official position, related relations or other grounds.

The commission of any offense inevitably causes negative changes in objective reality. It can cause harm immediately or create circumstances for the onset of such damage to public relations protected by law. The nature and extent of harm is determined by the degree of possible danger of the committed offense. That is, the consequences come. It is necessary to disassemble socially dangerous consequences: concept, species. Only after this the whole picture will be clear.

The notion of socially dangerous consequences

This category is understood as the essential damage fixed in the Criminal Code of the Russian Federation, which is inflicted on the object of legal protection as a result of the commission of a certain dangerous act.

It turns out that the threat of any harm is not a consequence. That is, it will be a characteristic of only a socially dangerous act, but not its consequences.

Most often harm from an offense comes as a result of active behavior - actions, but there are cases when it can occur as a result of passive behavior - inaction.

This is a secondary (facultative) sign in the design of the objective side of the offense.

Types of socially dangerous consequences

Depending on the content of criminal consequences are divided into tangible and intangible. Each of these species has subspecies. So, material are divided into physical, property, violation of the work of institutions, transport, communications.

The Criminal Code uses such forms of socially dangerous consequences by applying the right term when the consequences are known (for example, murder is death). This can be a specific disclosure of the consequences (serious damage to health - hearing loss, vision, etc.); Significant harm in large amounts (for example, in case of theft); In especially large amounts (for example, illicit traffic in psychotropic or narcotic drugs); Serious consequences (for example, abuse of official duties). Most often the criminal law determines the amount of damage.

As for non-material consequences, they are divided into such subspecies as moral damage (insult), ideological damage (inciting racial, national or religious enmity), intellectual damage (violation of the author's rights).

Such types of socially dangerous consequences are of great importance in criminal law.

Other forms of socially unsafe consequences

Depending on the level of severity, socially dangerous consequences have different forms. And with this is worth exploring. There are such forms of socially dangerous consequences as easy harm (short-term health disorder), moderate harm (loss of working capacity up to one-third), serious harm (loss of any organ). Each of these forms has a normative fixing in the Criminal Code of the Russian Federation. The law provides for an increase in punishment, depending on the severity of the harm done.

Significance of socially dangerous consequences

What is the significance of socially dangerous consequences? Disposition of the article of the Special Part of the Code indicates the consequences of a specific offense. Depending on whether there is such an indication, the crimes can be divided into material and formal.

Criminally-legal science defines offenses with a material structure as crimes which have such obligatory signs - socially dangerous consequences and, of course, a causal relationship. To similar offenses it is possible to carry, for example, murder.

As for offenses with a formal composition, they are defined as crimes whose objective side does not require the presence of consequences and, accordingly, a causal link, only the act itself is necessary. Such compositions include insult, slander and other.

For offenses with the material composition, the socially dangerous consequences of the crime must be established. This is necessary for the qualification of the committed as a completed offense. Before the dangerous consequences for the public, stipulated in the dispositions of a specific article of the Special Part, crimes with such a composition can be qualified as preparation for an offense or an attempt on a crime.

Dangerous for the public consequences are indicated for the differentiation of criminal responsibility. Also qualified or specially qualified formulations are created.

It turns out that in most criminal acts the consequences simplify the investigation of the crime and the punishment of the guilty. The injured person will be able to receive compensation for damage, if possible, to the extent necessary.

Causal connection

In criminal science, a causal link is the connection between a perfect act and the consequences that have occurred. This is an optional feature. However, in material formulations, it acts as an indispensable feature. When there is a criminal act and socially dangerous consequences, establishing a connection between them is simply necessary and is considered an indispensable condition for bringing to criminal responsibility.