Those who study at universities in the field of preparation of “jurisprudence” clearly received the following task: “describe the types of circumstances”. In this work, their classification will be considered, we will talk in detail about each species. We begin by explaining the most basic concept.
It is important to understand the difference between the concepts of "fact" and "circumstance." They are often confused. The first occurs regardless of the will of man. For example, you received a subpoena after it took place. In this case, we are dealing with a “legal fact”. But if you have committed a crime because of the immoral or illegal behavior of the victim, then this is a “extenuating circumstance”.
Circumstances and their classification
So, you got the task: "describe the types of circumstances." Now we give a classification. All circumstances are divided into three categories:
- criminal offenses;
- emollients;
- aggravating.
We did not include another species in this category - negative circumstances. Now very briefly about them. The definition of this concept says that this is any evidence that should not be, but present at the crime scene, or vice versa, they should be present, but they are not. Suppose an investigator arrived at a crime scene (murder), where he discovered a corpse and scattered things. So, the loss of any things is a negative circumstance, so the investigators are trying to push the wrong way.
Exclusion of criminal acts
In this section, we consider the types of circumstances that exclude the crime of an act. First, we give a definition. These are some circumstances as a result of which the crime is not punishable. In total, this group includes 6 points:
- the commission of a crime occurred unintentionally as a result of necessary self-defense;
- harm during the detention of the offender (in some cases (pursuit, shootout, etc.), because harm is an integral part of detention);
- extreme need (harming the interests of others, in case of threat of harm to personal interests, other citizens, society or the state);
- coercion (this includes both physical and psychological coercion);
- reasonable risk;
- execution of the order.
Extenuating circumstances
In this section, we discuss types of extenuating circumstances. Details on this topic can be found in Art. 61 of the Criminal Code of the Russian Federation. According to this document, these circumstances are criminal acts that are less harmful to society. Thus, the punishment should also be softer than provided.
In this category we can include:
- conjuncture;
- minority;
- pregnancy and / or the presence of young children;
- difficult life situation;
- a crime committed out of compassion;
- physical coercion;
- psychological coercion;
- a crime committed as a result of emergency;
- surrender.
If during the trial the lawyer manages to convince the court that the crime committed has a mitigating circumstance, then the punishment will be milder.
Punishment
So, we are trying to answer the main question: "describe the types of circumstances." We have already considered 2 species. As for extenuating circumstances, now you will find out how the punishment for committing a criminal act will decrease.
This information can be found in part 1 of article 62 of the Criminal Code of the Russian Federation. In short, it says that the maximum penalty is reduced by a third.
Aggravating circumstances
In this section, we will consider the types of aggravating circumstances specified in article 63 of the Criminal Code of the Russian Federation of 1996 (2017 edition). This category includes:
- relapse
- grave consequences;
- commission of a crime deliberately planned by a group of persons;
- activity when committing a crime;
- the involvement of other persons (minors who are intoxicated or suffering from serious mental disorders);
- a crime committed on the grounds of racial, political hatred and so on;
- a crime committed out of revenge or for concealing another crime;
- commission of a crime against a pregnant woman, child or other defenseless persons;
- particularly cruel crimes (sadism, torture, and so on);
- committing a crime using any type of weapon, including medication and psychotropic drugs;
- crime committed in emergency situations;
- use of his official position in the commission of a crime;
- use of documents or form of representatives of the law;
- intentional crime by the police;
- criminals are the parents or guardians of the person against whom the crime was committed;
- aggravated circumstances may be taken alcoholic beverages or other drugs.
Punishment
When answering the question: “describe the types of circumstances”, you need to know how they affect the purpose of punishment. As the name implies, aggravating circumstances complicate the verdict.
The aggravated court seeks to impose the maximum penalty prescribed by law for this crime.