The structure and system of criminal law is particularly clear. Its elements have their own numbers and names. The article will examine the concept, features and structure of the criminal law.
General information
The structure of the criminal law and the criminal law norm is of particular importance in qualifying and punishing crimes . The numbering of the provisions cannot be changed when the Code is supplemented or certain elements are deleted from it. The newly introduced norms are not placed at the end of a chapter or section, but in those places that are determined by their content. Moreover, the new position also acquires a serial number. It is similar to the previous one, but a digital index is added to it. Thus, the entire structure is formed.
Criminal Law Articles
As a rule, they include several parts. Each of them also acquires a digital designation. Some provisions, except for parts, have clauses. They are indicated by letters. Such a structure of the criminal law allows you to quickly find the necessary position that most fully qualifies a particular act. Some elements of the Special Part of the Code contain notes. They formulate important definitions. For example, to Art. 158, part 1 provides a note describing what theft. To Art. 285, part 1 is a footnote defining the term "official". This allows you to specify the criminal law. The features and structure of the provisions distinguish them from those contained in other Codes.
The Criminal Code provides clarification of the conditions for exemption from liability in relation to a specific crime. Examples are art. 204, 151, 126 and so on. To make the concept of criminal law and its structure clear to ordinary citizens, notes are provided regarding the qualification criteria for crimes. For example, it explains what “large size” and other definitions mean.
Types and structure of the criminal law
Each element contains prescriptions that are designed for repeated use. Through them, the regulation of the behavior of subjects in society is carried out. The structure of the criminal law provides for certain models within which all people must act. They are aimed at the prevention of acts, the commission of which causes significant harm to the interests of the state, society and the individual. In addition, they formulate rules in accordance with which guilty persons can be held accountable and bear certain penalties. The structure of the provisions of the criminal law includes prohibitions on the implementation of specific actions or instructions on permissible and proper behavior. They are aimed at all persons located in the country. These behaviors are expressed in writing and are recorded in the text of the Code. The structure of the criminal law of the Russian Federation is universally binding. It is implemented through the use of coercive measures against violators of prohibitions or orders.
General and Special Parts
The structure of the criminal law is diverse. This, in particular, is evident when comparing the Special and General parts of the Code. The differences in them are determined by the direct content of the provisions therein. So, in the Special Part, bans are predominantly established. The general part basically contains principles, declarations, definitions, regulating and authorizing norms. The provisions of the Special Part include 2 elements:
- Disposition . In it, with a certain degree of completeness, signs of behavior that are banned are outlined.
- Sanctions . In this part, an indication of the type and amount of punishment for violations of the prohibition given in the disposition is established.
The structure of the criminal law in the Special Part does not directly provide for the existence of a hypothesis. However, it is implied. A hypothesis in this case means that if a person committed the act established in the disposition, then a sanction is applied to him. A number of authors, however, say that the structure (structure) of the criminal law in the Special Part is formed according to the classical three-term scheme.
Disposition
In theory, several of its types are distinguished:
- Blanket.
- Simple.
- Descriptive.
- Reference.
A simple disposition is characterized by a lack of description of the signs of a crime. She only calls the forbidden act. For example, in Art. 126, part 1, the disposition duplicates the name of the provision - "Kidnapping". A simple disposition is applicable in cases where the signs of a crime are clear and they do not require even a short description. But no matter how simple the act may seem, its main features should be clearly fixed in the text of the Code. In this regard, according to some experts, simple interpretations should be avoided.
Descriptive disposition
This element in detail (to a certain extent) indicates subjective or objective signs of unlawful behavior. Along with this, the most important terms used in the provision of the Criminal Code are disclosed. For example, such is the disposition in Art. 158. It reads as follows: "Theft is the secret theft of property belonging to another person." The level of detail of the signs of an act when applying a descriptive element may be different.
Reference disposition
She does not directly indicate the signs of a crime. Such a disposition refers to the article or its part in which they are presented. Usually it is used in parts 2, 3, 4 of the provisions of the Special Part. It sounds like this: "This is an act committed ..." or "The acts provided for in paragraphs 1, 2 of this article, which are committed ...". The reference disposition allows a compact summary of the essence of the prohibition, when the features of the crime are partially or fully disclosed by reference to other provisions of the Criminal Code.
Blanket elements
Such dispositions in the most general form indicate the features of a particular crime. For details, one has to turn to other sources. For example, government decisions, federal laws, explanations of the armed forces, and so on, can serve as them. The use of such dispositions is caused by the fact that crimes are often quite complex in nature, and it is not possible to describe their features directly in the position of the Criminal Code. In this case, the prohibition is formulated in the most general form. It is assumed at the same time that for clarification it will be necessary to turn to other sources that are not related to the criminal sphere, but containing material from the tax, civil, administrative or other field. The blankets are the dispositions of the norms of the Special Part. They provide for liability for various violations of safety rules. This is evident in Art. 215-219. For example, to understand what violation of traffic rules or the operation of transport means, it is necessary to refer to the Rules for traffic on roads of Russia.
Additionally
The structure of the criminal law includes provisions in which blank features are present. For example, in Art. 195-197, such an element is the person who is subject to liability, in Art. 188 and 189 - this is the subject of a criminal act, in Art. 250, part 2 and Art. 262 - place and method of commission, in the second part of Art. 249 and 248 are consequences that pose a danger to society. One can speak of blanket dispositions when the provisions of the Special Part describe a violation of the requirements of other industries.
Sanction
This is the second mandatory element of the articles of the Special Part. He formulates the punishability of an act that carries public danger. The sanction may be:
- Definite.
- Reference.
- Alternative.
- Uncertain.
The latter is a general indication of the punishment for a crime without establishing specific limits. This type is used in international law. A certain sanction indicates the only amount and type of punishment that a court can impose for a specific act. Such elements are applied in codes of foreign states. For example, in Germany for the murder provides only a life sentence. In the Criminal Code of the RSFSR, in force since 1960, the death penalty was an absolutely specific sanction. It was envisaged for the murder of a police officer in the presence of aggravating circumstances. Referral sanctions do not determine the amount and type of punishment for a specific act. They establish penalties by referring to other articles of the Special Part. Previously, such sanctions were present in the Criminal Code of the RSFSR. Now they are found in codes of foreign states. In the domestic Criminal Code, it is not customary to apply sanctions that indicate only the minimum level of punishment. For example, in Germany for robbery provides for at least a year in prison. With regard to the Russian Code, when using such sanctions, it is assumed that the maximum limit is equal to that established for such an act in the General Part.
Relatively specific punishment
Such sanctions allow the court to choose the type of responsibility within certain limits. This is achieved by:
- Formulation of the upper and lower bounds of punishment. For example, in Art. 105, para. 1, the perpetrator may be sentenced to imprisonment of 6 to 15 years.
- Indications of only the upper limit of punishment. For example, in accordance with Art. 106 of the Code, the mother who killed her newborn child is assigned up to 5 years in prison. The lower limit will be the one established by Art. 56 of the Criminal Code.
Alternative option
Such a sanction is considered typical of the domestic Code. She, as well as relatively certain, allows the opportunity to individualize the punishment, taking into account the identity of the perpetrator, as well as the circumstances of the crime. Such a sanction provides for several points. In each of them the type and amount of punishment is determined.