The corpus delicti is a combination of subjective as well as objective circumstances, on the basis of which it can be called a socially dangerous act. The crime itself is understood to mean any specific act dangerous to the public, which was committed at a certain time in a strictly defined place.
Composition of crime and its elements
Its value is great. In fact, without it, there is no crime itself. The corpus delicti is:
- a guarantee that the rule of law will be respected;
- the basis for criminal liability ;
- a condition for the classification of a crime ;
- It is considered the basis for sentencing (only by the court) or taking other measures of a criminal law nature.
The corpus delicti may be general or specific. In the first case indicated, it is about the signs of all crimes, in the second - about the signs of a particular case.
It is the composition that makes it possible to distinguish a crime from an offense. The types of possible punishments directly depend on him. Under the qualification of crimes refers to the legal consolidation of the composition. It should be recorded in the procedural documents. The final qualification should be contained in the sentence.
The corpus delicti has its own elements. These include the main parts of its construction, which correspond to the most diverse sides of a socially dangerous act.
The following elements are distinguished:
- The object of the crime. This term refers to those social relations that are protected by law. This refers to the public relations on which the accused encroached. The subject of a crime is a sign of the subject of a crime. By it is meant a concrete thing of the material world.
- The objective side. This is an external manifestation of socially dangerous behavior that creates a threat or harms relations that are protected by law.
- The subjective side. It is understood as the mental activity of people, which is most directly related to the commission of a crime. Its signs include motive, guilt, purpose. Its forms are negligence, or intent.
- The subject of the crime. It is an individual who is able to bear responsibility for the perfect. In our country, enterprises, firms and so on cannot be the subjects of crime, although such practice exists in the laws of other countries. In general, the subject of the crime must be absolutely sane and have reached a specific age.
It is worth saying that the signs of a crime are understood as some generalized properties of a certain type that have legal significance.
In general, the signs of crime can be divided into:
- subjective and objective;
- optional and compulsory.
In the first case, the division is based on which side these signs belong to (subjective or objective).
Mandatory signs are:
- wine;
- socially dangerous act;
- public interest;
- sanity of the subject;
- a certain age.
Optional signs are:
- socially dangerous consequence;
- subject of crime;
- the presence of a connection between the act and the immediate consequences;
- motive, setting, time, and so on.
Optional symptoms are important for many reasons. In some cases, they may become mandatory. We also note that based on them, those circumstances are often affirmed that somehow mitigate or aggravate the guilt - that is, directly affect which sentence will be passed by the court. They are left without consideration only in exceptional cases.