The objective side of the crime is an element of the corpus delicti, the presence of which is mandatory for qualifying the action (inaction) of the offender. This is an external manifestation of a socially dangerous illegal encroachment on an object protected by criminal law. It is expressed in the totality of interconnected mandatory elements, namely in the act, the ensuing consequences, the existing causal relationship.
The objective side of the crime is always expressed in the act, which is its main feature. This is a volitional act of behavior, which is carried out through action (inaction) prohibited by criminal law. Socially dangerous acts recognized as criminal by law are recorded in the Criminal Code. The disposition of the article may contain a listing of socially dangerous acts (for example, the acquisition, possession, transportation of narcotic drugs), or the name of the crime (for example, murder, robbery, robbery).
The objective side of the crime contains such signs as the onset of consequences that are socially dangerous, and causality. They are required for material compositions. The consequences of crimes can be different. For murder, this is the onset of death, for theft it is the theft of certain objects, etc.
Between criminal acts and consequences, the existence of a causal relationship is mandatory. This means that the harm must be caused precisely as a result of the actions (inaction) of the perpetrator, and not due to any other objective factors.
In addition to the main ones, there are optional signs of the objective side of the crime. Let's consider each of them separately.
- The place of commission, that is, a certain space (territory) where the crime occurred. The definition of this sign is especially important when establishing the territory of the state where the criminal act was committed in order to know which country's legislation should be applied.
- Time, that is, a certain period during which a crime occurred. As a rule, it is not indicated in a special part of the Criminal Code, but it is often implied, for example, in Art. 106 - the killing of a newborn by the mother. In addition, it should be remembered that the crime can occur simultaneously, but can be continued. For example, in the first case, the TV from the factory is stolen entirely, in one day, and in the second - for details for a long time. This distinction significantly affects qualifications.
- The method of committing a crime, i.e., the totality of methods, techniques used by the perpetrator to achieve the result he needs. The establishment of the method allows to distinguish between the elements of the crime, similar to each other (for example, to distinguish robbery from robbery). In addition, it can be indicated in the code as a qualifying attribute, for example, a generally dangerous method (arson, explosion, etc.).
- Tools and means that are used in the commission of the act. To carry out a criminal action, various devices, objects and substances can be used. Skeleton keys, acid, poisons, gas, etc. can be used as tools. The tools most often are cars and other vehicles, weapons and objects used in this quality, etc.
- The situation of the crime. It means a specific situation and existing conditions at the time the crime was committed. This feature is important when qualifying the actions of the perpetrator in excess of the legitimacy of the necessary defense, leaving in danger.
The objective side of a crime is a necessary element of the corpus delicti, in the absence of which a person cannot be held accountable.