The Criminal Code of the Russian Federation: the concept of crime

The concept of crime is clearly formulated in the Criminal Code of the Russian Federation, where it is said that it is customary to understand crime as a social act that can carry a certain danger to society. In short, the definition itself lists the main features of the crime, which include mandatory guilt, the wrongfulness of the act, its danger and unconditional punishability. In simple terms, without resorting to legal terms, a crime is an act that brings grief to a large number of citizens, leaving them without relatives and friends, without means of livelihood and housing, health and peace of mind - without those vital values that are simply knocked out of Ruts, some, unfortunately, forever.

Any act must be characterized primarily in accordance with the ancient principle, which has been known since the time of the existence of Roman law. It says that "there can be no crime without an indication of such in the Law," that is, to attribute the deed to a criminal, it is necessary that it be qualified by the Criminal Code currently in force. There can not be any legal consequences of criminal liability established by another legal act, be it at least a presidential decree.

The concept of crime includes the definition of criminal behavior, which can be active or passive (action or, on the contrary, inaction). The inalienable signs of this behavior, which involves the mandatory application of penalties, are will and consciousness.

The concept of corpus

The composition of the crime is a set of signs of a dangerous act for society, provided for by the Criminal Code.

The main meaning of the crime is that it is the only one, and also a sufficient indicator of the presence of the crime itself. The fact of committing a crime can be ascertained only if the signs of its composition specified in the legislation are fixed in the act of a person. Only in this way it is possible to express the basic principles of law - justice, lawfulness, equality of all and everyone before the Law and guilt.

The concept of a crime defines the main features of its composition, which implies the obligatory presence of four elements:

1. The object of the crime is socially significant interests and values, which are infringed upon by the person committing the act.

2. The objective side, that is, the totality of manifestations of a criminal act.

3. The subjective side - the totality of mental and volitional processes occurring in the mind of the person committing the crime.

4. The subject of the crime is a person characterized by his sanity and at the time of committing the act the age of the onset of criminal responsibility.

The concept of the classification of crimes

The concept of a crime includes such compulsory action as its qualification, which is carried out by persons conducting criminal prosecution, as well as by judges at different stages of the criminal process. This procedure reveals the existence of the compliance of a socially dangerous act with the established by criminal norms the characteristics of the crime. To qualify a particular crime is to give a certain legal assessment, to point out the criminal procedure norm, which corresponds to all the signs of the crime.

The result of proper qualification is the presence of a final conclusion about whether the crime under consideration is subject to qualification only under this article (a collection of articles), and not for any other.

The concept of a crime is a set of different norms, processes, each of which characterizes its concrete side and is aimed only at achieving the goals, which are expressed in observance of the law and the establishment of the only correct penalties for the act.