Society is a very multifaceted concept. It can be viewed from a huge number of sides and at the same time not be able to study thoroughly all the dark and hidden corners. In its framework, people continuously interact with each other. However, these relationships can have a different nature, both positive and negative. The latter is not limited to quarrels and verbal conflicts. The interactions of the parties in a harsh negative nature constitute the scientific basis for qualifying crimes.
In Russian criminal practice, there is no consensus on this issue. This significantly complicates and inhibits the process of competent and fully adequate justice. Since there is no unified qualification of crimes, which can be very similar in nature, nature, features and other trifles, as a result, certain aspects of the court sentence may contradict different theories. In order to correctly apply all the columns of the law of our country that regulate the criminal liability of the party who committed the offense of any degree and severity, it is necessary to carefully choose the method used in this case. If the qualification of the crimes is incorrect or inaccurate, then in this case the punishment may be established with an error.
What is this concept? To give qualifications to something means to identify the most significant and important aspects of the phenomenon under consideration, evaluate it, attribute it in accordance with the available signs of a qualitative nature to type, category, category, and so on. Qualification of crimes is intended to more accurately determine the offense. In accordance with it, representatives of the judiciary pronounce a sentence, assign the degree of gravity and guilt of the responsible party. This concept is very important for both forensics and criminal practice.
Crime qualification problems have existed at all times. As soon as representatives of the law began to punish the perpetrators in accordance with the degree of their guilt, this “snag” arose. Indeed, sometimes it’s extremely difficult to distinguish between crimes, since their nature can be almost identical. And only one seemingly insignificant detail will distinguish offenses. Meanwhile, the level of punishment just because of one such trifle can vary greatly both in favor of the guilty and to the detriment of him. Therefore, it is extremely important to attribute the crime in question to the right category with maximum accuracy. Otherwise, the guilty person may be the victim of an annoying mistake.
Qualification of crimes is an extremely complex and responsible process. This procedure includes many analytical steps. It all starts with the fact that experts put forward many versions, consider the huge number of facts they have on hand. Throughout the qualification, refinements are made, completely new and sometimes unexpected circumstances are revealed, the path for research is being corrected and becoming more clear. This process results in accurate estimates, which are subsequently required to be repeatedly verified. As a result, a court verdict is being formed.
The final qualification of crimes must necessarily contain such information as part, paragraph, as well as an article of the Criminal Code of the Russian Federation. If the offense cannot be characterized by the information contained in this document, then in this case it is necessary to indicate another specific law in accordance with which the verdict will be passed. Qualification should reflect the full composition of the crime with all its features and nuances. For the most part, its accuracy will depend on the initial facts established by the investigation.