Crime is a concept that is considered in two aspects.

Analyzing the theory of criminal law and the law, one can often come across such a concept as a “crime”, which is an integral part of criminal law relations. In this regard, there is a need for its clear understanding and concrete definition. This concept is enshrined in the general part of the Criminal Code.

a crime is

A crime is mainly a committed act of a subject dangerous to both society and the state, which is prohibited by this criminal law under the threat of punishment. However, from the point of view of law, this concept is not limited to one formal definition, where there are only signs of wrongfulness. There is also material and formal. This definition provides information that answers the question: “Why are acts prohibited by law, and the main criterion will be guilt, that is, what kind of psychological attitude does a person have towards an unlawful act?”

Based on the fact that a crime is an unlawful act, it is worth considering the categories of crimes that exist in the criminal law, that is, the division of an act by severity. According to the law of the Russian Federation, they are of minor gravity, then there are crimes of moderate gravity, then serious ones, and finally, especially serious acts complete this list.

moderate crimes

For each of the degrees there are certain periods of imprisonment, which are also indicated in Art. 15 of the Criminal Code. Taking into account the maximum time of deprivation, the crimes committed belong to the above categories. Consider, for example, an act for which a criminal law imposes a term of imprisonment of 8 to 20 years. This is art. 105 of the Criminal Code, murder, and take into account the qualifying sign - committed with particular cruelty, paragraph "d". According to the law, this act can be classified as especially serious, since the maximum term of imprisonment exceeds 10 years.

Each crime committed is, first of all, an act that has its own object (object of crime). An object is understood as what the perfect illegal action is directed to. For example, crimes against health (Art. 111 of the Criminal Code of the Russian Federation), life (Art. 105), property (Art. 158), etc. Article 111 of the Criminal Code of the Russian Federation - causing harm to health, that is, the object of the crime will be causing harm to a person that is dangerous to life or leading to the loss of function of any organ, or its loss. Section 105 is the killing, that is, deliberately killing another person. As it has already become clear, the object is human life. Section 158 - Theft. This is the theft of property secretly belonging to another person by the right of ownership, the property here will be the property: real estate, vehicle, telephone, securities, etc.

crimes against health

Thus, we can conclude that crime is a concept that is closely related to such sections as criminal law and the institution of punishment. However, the legislator did not reflect the class attribute in this concept, citing the fact that in Russia there are no dominant classes, and the institution of political power is the same for everyone.

Source: https://habr.com/ru/post/K15718/


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