The concept and types of intent in accordance with Article 25 of the Criminal Code of the Russian Federation

To date, law is the key regulator of public relations in the whole world. It penetrated absolutely all the existing branches of human life. If you pay attention, then the banal purchase in the store is a classic example of a contract of sale regulated by the civil sector of law. It is possible to single out a large number of similar moments. All of them say that law has exceptional effectiveness in the process of regulating social relations. Over the centuries, it has competed with other coordinators, for example, violence and religion. But in the process of theoretical development, lawyers realized that the rights of the regulators of the society do not exist better. Only it is able to organize society most effectively.

However, the law regulates not only the legal sphere of human life. It also affects relationships that go beyond the ordinary. One can classify these as offenses, that is, willful disobedience to the existing legal regime. In this case, this category is divided into ordinary offenses and crimes that have the highest level of public danger. The latter category is characterized by the presence of its own structure, one of the main elements of which is intent.

What are crimes?

Before considering the types of intent in the criminal law, it is necessary to understand the category of which it is a part. This is a crime. The concept of this category has been formed for many centuries by legal practitioners around the world. Initially, there was no clear delineation of crimes and ordinary offenses. But over time it became clear that the lack of theoretical development does not allow the institution of punishment to be effectively used.

This entailed the creation of a category of crime. To date, it occupies a key position in the entire criminal-legal sector. According to the most classical theory, a crime is a subspecies of an offense that has the highest degree of public danger. The fact of committing a crime gives the state the right to apply to the perpetrator measures of special legal responsibility - criminal.

Key features of the category

Like many legal phenomena, a criminal offense has characteristic features that explain its characteristics. In the legal system of the Russian Federation, the category is determined by the following points:

• An act of a criminal nature;
• Guilt;
• Danger to society;
• Criminal wrongfulness.

Thus, according to key features, a crime is not a point-based offense that harms one or a limited number of actors, but a dangerous act that directly encroaches on the interests of the whole society.

Category composition

Types of intent in the criminal law - this is an immediate part of the crime. This phenomenon is a characteristic for the offense structure, the existence of which allows us to apply the norms of the institution of responsibility. In other words, the composition of a crime is its internal structure. According to the classical criminal law theory, the number of its elements includes the subject, object, subjective and objective side. Each element is characterized by its own specifics. However, in the context of this article, we are only interested in the subjective side, because it is within the framework of this article that we consider the key types of intent.

The concept and structure of the subjective side of the crime

The commission of a socially dangerous act is not only the physical activity of a particular individual. This process is a very complex structure, an indispensable part of which is the mental work of the perpetrator. That is, we are talking about the attitude of the criminal to the deed committed by him. It is this characteristic of the crime that gives its subjective side. In other words, it reflects the mental state of a person at the time of the commission of a specific act. The subjective side is divided into several interrelated elements. The main is wine, and additional - the motive, purpose, etc. The first category reflects the attitude of a person to his actions and all the ensuing consequences. It is in the structure of guilt that there is intent. It has its own notion and other characteristics.

Criminal intent: concept

So, we have come to the topic of this article. It should be noted that the concept, characteristics and types of intent are regulated by the provisions of Article 25 of the Criminal Code of the Russian Federation. This rule fixes an intentional form of guilt. In practical activities of law enforcement officers, intent is encountered 90% more often than negligence, which is also a form of guilt.

According to Article 25, intent is an awareness by a criminal of the nature of his activities, an awareness of the possible consequences. In addition, this category also includes the fact that there is a will that is sent to commit an act. However, there are a large number of life situations in which crimes can be committed. Therefore, the legislator allows for the existence of several types of intent. Some are fixed directly in the norms of the federal legislation, others - are deduced by the theorists of law.

Kinds of intent according to the Criminal Code of the Russian Federation

Of course, each legal category has certain theoretical branches. The intention in this case is no exception. Article 25 presents its main types. It should be noted that there are also theoretical developments affecting this problem. But the types of intent, in accordance with Art. 25 of the Criminal Code of the Russian Federation, are divided into two main categories. This includes: intentional and indirect. In both cases, the legislator provides a detailed description of both points. Their normative consistency makes it possible to use different types of intent for the legal characterization of guilt in law enforcement practice.

The intention of the direct type

In most cases, criminals are aware of the detrimental nature of their actions and wish for certain consequences. Therefore, direct intent is a common occurrence. Speaking purely scientific language, this form of guilt implies a person's awareness of the public danger of his actions and the desire for negative moments. In this context, the intellectual and willful aspects of the process of committing a crime converge. Direct intention will exist in those cases when a person really understands all aspects and features of the damage caused to society.

In some cases, the category of the intellectual moment of the category includes the need for awareness of wrongfulness. However, this moment does occur only in cases when the awareness of wrongfulness is directly provided for in the article of criminal law.

As for the negative consequences, they are manifested in the aspiration of the offender to achieve a certain result. This moment is another mandatory feature of direct intent. After all, he explains the fact that a person commits specific actions to obtain a certain benefit.

Intention of indirect type

In law enforcement practice, there are situations in which a person's awareness of his actions was not entirely complete. Such moments have a single name - indirect intent. In this case, the criminal, again, realizes the negativity, wrongfulness and social danger of their actions, but the consequences are disdainful. As a rule, the perpetrators in this case only admit the possibility of the onset of any result. In other words, indirect intent is a category in which a person does not realize the full breadth of his damage to public relations, but the very essence of what he has done is well known.

In the theory of criminal law, such a moment is called a conscious assumption. It is explained quite simply: a person at the time of certain actions counts on the fact that the negative consequences will be somehow prevented. For this reason, the criminal does not take absolutely no means to repel the onset of a negative outcome.

Other types of category

Of course, the legislative norm enshrined in Article 25 is not the only source of criminal law. Nevertheless, the types of intention embodied in it and their legal significance are the basis of law enforcement practice. However, in theory there are other classifications of the category presented in the article, which also have the right to exist. Of course, not all of them are literate and fully thought out, but their presence testifies to the work done in this direction.

Kinds of intent on the degree of certainty

The classifications of the said category not mentioned in Article 25 can not be applied in law enforcement practice. However, they play a big role in the process of theoretical development of problems. Therefore, different types of intent are singled out, rather than in the norm of article 25. Quite popular today is the classification by the degree of concretization. According to this theory, scientists distinguish:

• Concretized intent;
• Intent is not specific.

Both species are endowed with their own characteristics, which characterize their legal nature and the right to exist. Thus, in order to understand their differences from other types of intent, it is necessary to consider the concretized and non-specific type separately.

What is a specific intent?

The first type of category, according to the degree of certainty, indicates the fact that the culprit has clearly defined goals. In other words, a person commits a criminal act, realizes his danger, and also wants concrete consequences. That is, in this case, the person completely processes in his head not only the moment of the crime, but also further events that may appear. At the same time, intentionality, in which a person admits the emergence of several interrelated consequences, is also specified. In this case, the category will have the name "alternative", because the offender wants the onset of one of the variants of the development of events.

Uncertain type of intent

The second kind is called non-specific. Based on the concept itself, it can be concluded that intent implies some kind of uncertainty or unwillingness to realize negative consequences. In other words, the criminal intentionally performs any action, understanding its social danger. However, he does not set any specific goals at the time of the implementation of the plan. Such a type of intent can be found in crimes that last. For example, tax evasion is rarely carried out with specific objectives. Basically, people simply do not want to give their personal funds to the state. A certain, hidden goal is present here, but it is not specified.

Definition of intent in other states

It should be noted that the intent of the crime is a mandatory category of socially dangerous act in the legal branches of other states. But in other countries the format of the category is slightly different from the Russian one. Today's interpretation of intent in Russia was developed back in Soviet times. It implies an awareness of the public danger of the act. If we talk about intent in other states, then there is no question about the public danger at all. In return, foreign lawyers are looking for an awareness of the wrongfulness of the act. In domestic criminal law, this state of affairs also took place. However, in the 1920s, the wrongfulness was completely superseded by another, modern structural element of intent. It's hard to say whether it's good or bad. The main thing is that the modern interpretation of intent can be applied in the practical activities of representatives of law enforcement agencies of the Russian Federation.

Conclusion

So, we examined the concept and types of intent that exist today in the criminal legislation of Russia. It should be noted that the category presented in the article is the subject of scientific disputes of the majority of modern scientists. In their labor activities they bring out more recent and effective law enforcement structures. Therefore, it remains to be hoped that in the future the legislator will legalize other types of intent that did not exist in the criminal law, thus broadening the legal capabilities of lawyers.