A single crime is not only an illegal act, but also unambiguous in its concept. Such cases do not belong to those that are committed for the first time, that is, one cannot call a crime such if a person committed it only once. Any transgression of legal norms and rules shall be punishable by the restrictions established in several or one article. The latter speaks of the nature of the crime as a specific case, which is not covered by other articles and laws. Hence the concept of a single crime is formed as a separate composition and element of the entire criminal case.
Types of single crimes
Crimes of this type are divided into two types:
Simple single crimes are those that are based on a motive associated with a violation of the law, provided for in a single article. Complex species are those that have a complicated structure and qualify for the result. As a rule, this includes paragraphs and subparagraphs, parts and letters of one article.
Crimes: Simple Views
A simple single crime is governed by the degree of punishment chosen in relation to the articles of the Criminal Code of the Russian Federation. An act committed by man is treated as one action, which has a single consequence. For example, killing as the only act resulted in the death of the victim (one consequence). If things were stolen during the robbery and a person was killed, then these are two consequences of two different acts. It turns out that in one moment two different crimes can be committed that have different consequences. Moreover, if a person is suspected and accused of formal composition, that is, alleged, then the law provides for consideration of all possible versions of the attacker.
Case Studies
Suppose a person has alimony debts, from which he evades. According to article 157 of the Criminal Code, he may be punished for this. But if he conspired with the leadership and forced to transfer money not to a card, but to a personal account in order to evade deductions from his salary, then there were several acts:
- Evasion is malicious, which is punishable by one article.
- A crime against the life and health of a child, which is punishable by another article.
In this case, for complicity, the chief, accountant or authorized person who issued the offender a salary not on the card account may also be under investigation. He will also be charged with another article - an economic crime, and as a result, tax evasion. Such types of single crimes are quite common in judicial practice. The consequence may also be an alternative act, indirectly related to the present case.
An example based on articles of the Criminal Code of the Russian Federation
A single crime is characterized by one action, but how much it entailed consequences is not a matter of the first importance in classifying the nature of the act. For example, an unemployed person does not have the opportunity to feed himself. He decides to rob the apartment in a large elite multi-storey building. Having miscalculated, the intruder penetrates inside and discovers the presence of the hosts indoors. Being noticed, he fears to kill the property owner and rob the apartment.
As a result, he commits two acts:
- According to Article 185 of Part 1 of the Criminal Code of the Russian Federation - hacking.
- According to Article 115 of Part 1 of the Criminal Code of the Russian Federation - intentional, unintentional killing.
As a result, it turns out that a person committed two different atrocities that had different consequences. If a pensioner died from fear at the sight of a robber, then this would be a single crime, entailing two consequences - theft and murder by negligence. The last article can be retrained. Since the killing was not direct, no bodily harm was inflicted, death by negligence will be interpreted as the content of another article. Thus, article 109 of the Criminal Code of the Russian Federation will more clearly reflect the intentions of the criminal in this case.
Complex forms of action
Complicated forms of single crimes are understood as acts committed in the form of a single action, due to which new circumstances of the case appear. Because of this, they "stretch" for several years until a cause is established that entails a number of complications. They can also influence the course of the investigation if it is proved that the person is not guilty of additional crimes. As the case is described in Article 109 of the Criminal Code, reckless killing can be caused by various previous actions - directed or not directed towards the victim.
Complicated Acts
A continuing crime is characterized by the presence of several compounds that need to be checked. This begs the legitimate question: how much will each version be checked until the statute of limitations expires? In specific cases, for two of the three reasons, we can talk about the complication of the investigation. When a person is seriously injured, the investigation finds out whether the patient will recover or a fatal outcome will occur. In the first case, the prosecutor's office is faced with one consequence, and in the second, with a number of complications.
The signs of a single crime, such as a continuing one, can be characterized as a perfect crime, which has a continuation in the form of not stopping the crime. This does not mean that the person who committed the theft for the first time and was released with a fine, can go and do a second robbery. Here we are talking about a different meaning, where a single crime examples are quite versatile.
An example of a continuing complicated crime
The father of two children stops paying child support - the crime begins. In this case, the court makes a decision on the collection of debt in a compulsory form. Further, the person continues to not pay, respectively, the crime against life and health in an indirect form continues. When he is convicted of non-payment, the crime will cease. Such cases can be cited from various fields, where the starting point for counting the future end is the opening of a case in an administrative or criminal manner. It is worth noting that retraining is possible in the opposite direction:
- If a person has committed theft, for example, he is punished under a criminal article.
- If a truce is concluded between the parties at a confrontation, an agreement is terminated to terminate the case, then the article will be re-classified as administrative.
- In the event that a repeated single crime is committed, the articles of the Criminal Code of the Russian Federation can together form a single punishment by partial addition in several parts, or an article if it concerns a separate chapter of atrocities.
Also, for a number of ongoing crimes committed, the Criminal Code provides for one article for sentencing.
Continuing Crimes: Cases and Features
For a number of crimes that have begun and are ongoing, separate parts of criminal articles from codes and laws are provided. This distinguishes them from the totality of preventive measures when it is required to make a general decision in one case for several consequences of a single offense. Such methods of punishment may apply to persons who:
- They keep a person in captivity - the abduction is considered the beginning of a crime, and the consequence will be retention for a certain time. If death ensues, then this is no longer a single act.
- Evasion from entering the service is a violation of the order and the continuation of its non-fulfillment. Here it is worth immediately considering several consequences, each of which may have a complication.
- Inappropriate storage of weapons - the beginning will be considered when this fact is established. Only then can we talk about improper storage of things. If delinquent documents on the storage and use of weapons are revealed, use not for the purposes for which it is intended, injury or death due to the use of weapons, then these actions are regarded as long-term consequences of one single case. Continuation will be the fact of unwillingness to correct documents, draw up weapons, as expected.
Thus, almost all atrocities can be divided into two subcategories - committed and committed, but not finished.
Multiplicity of atrocities
A caught criminal may be charged with a single crime until convicted of the rest. As a result, relapses proved by making an expert opinion and a prosecutor’s check make a single act for each act as a whole. The difference between the multiplicity of crimes and individual crimes is based on the revealed evidence and factors that confirm that a person in one person has made several atrocities on different counts. They may be individually isolated, but in the aggregate, condemnation of several cases at once is likely, even if they occurred at different times and years.
Requalification of crimes
There is such a thing as multiple crimes that are retrained from a single. Suppose one person did the wrong thing, and then helped a group of people do the same. This may be an act that is punishable under one article, for example, penetration into the house and assistance in penetration to other participants who intentionally did it or by means of blackmail forced the only robber, for example, “to be with them in proportion”. Such an act, of course, will be regarded as initially singular, and then plural. But the court will make a decision on the basis of an intentional one - that is, if the theft was planned and committed according to an invented scheme by one person, then this still needs to be proved, but the court will condemn each person individually for each act committed.
What happens in practice?
It is not always possible to make a fair decision in court, even if it can then be challenged. Sometimes they are classified into a degree of greater and more serious punishment. If there is no basis for assuming otherwise, the court is inclined to the opinion of witnesses and parties who will act as plaintiffs. Sometimes in practice it is quite difficult to convince the prosecutor and the court of innocence when it comes to multiple crimes. It is unfair to apply articles on it, since for a single criminal act you can get away with a fine. That is why in a number of cases the position of the plaintiff is taken into account, which cannot or does not want to favorably treat the defendant and the accused.
But what if individual crimes are more loyal in nature, and many judges believe that these are forced crimes to commit atrocities and obtain a minimum sentence? Judges often disagree, but in practice it’s quite difficult to get to understand what only the offender is right if he does not consider himself one. If justice were logical and ideal, many would be freed from places of imprisonment, while others worthy of punishment would spend most of their lives in prison.