Subject of crime

The subject of crime in its content, as a rule, is material and material. Indicated as part of the act, it must be precisely established. In order to avoid mistakes in qualifying the corpus delicti, the subject of the crime must be strictly defined. For example, it may be difficult to correctly establish the basis of liability for the illegal use of a trademark if you do not have knowledge of what it is.

This or that crime subject has these or those features. Moreover, the differences themselves may not be very noticeable, however, have an effect on the legal consequences. For example, illegal fishing in the sea of ​​fish constitutes an environmental crime. If the fish is illegally caught in a private reservoir, then property rights are violated. In the first case, fish, as a crime, is a natural object. In the second case, it is private property.

The subject of a criminal act may affect not only qualifications, but also the degree of danger of the act. This is taken into account when individualizing punishment.

It is necessary to clearly understand the difference between the subject, means or instrument of crime. The tool is the one with which the effect on the object is carried out. Not always means indicated as a sign of the composition of the act. So, for example, sometimes it does not contain a criminal offense - intentional murder. Although, as a rule, murder is committed using specific means.

Thus, the subject of the crime is material education, which acts as an individualized exponent and bearer of one or another social value and determines the direction of the act. Its properties, as well as the characteristics of the object of the act, affect the nature of the harm that is caused. The consequences, as a rule, depend on the nature of the subject and object of the crime. So, for example, when exposed to the human body, it will be quite natural to talk about harm to health, death, pain and other similar changes.

Given that a person is a creature not only physical, but also mental, his psyche can also act as the subject of a crime. Thus, under the influence on it, such consequences as suppression in the mind of volitional functions, prompting to commit or abstain from performing any actions and others are likely.

The content of the subject and the object is able to determine the nature (strength, means or method) of the impact that can provoke changes in them (the object or subject). So, for example, it is impossible to kill a mentally normal adult if you send him outside for a walk, hoping that he will be hit by a car. In this case, the degree of probability of the design is too low. In fact, the consequences may be the results of the actions of any forces or of the deceased. In this case, the situation may change. The degree of probability may increase if we assume that the deceased was mentally ill, and earlier he had a tendency to ignore traffic.

The crime, in addition to objects, means and objects, includes such a thing as a subject. It should be noted that all individual properties cannot be fully reflected in legislative and theoretical constructions. However, in the framework of the theory of law, the most typical characteristics of the personality of the offender are determined - signs of the subject of the crime. Their minimum combination is necessary to hold accountable. In other words, if at least one of the attributes of the subject is absent, then the corpus delicti will also be absent.

Source: https://habr.com/ru/post/G44901/


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