LawCriminal law

Crime is a concept that is viewed in two aspects

Analyzing the theory of criminal law and the law, one can often encounter such a notion as "crime", which is an integral part of criminal legal relations. In this regard, there is a need for its clear understanding and specific definition. This concept is fixed in the general part of the Criminal Code.

Crime is primarily a perfect 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 legal point of view, this concept is not limited to a single formal definition, where only signs of wrongfulness are present. There is also a material-formal. This definition provides information responding to the question: "Why are acts prohibited by law, and the main criterion will be guilt, that is, what kind of psychological relation to the committed unlawful action has a person?"

Proceeding from the fact that a crime is an unlawful act, it is worth considering the categories of crimes existing in the criminal law, that is, dividing the act in terms of severity. According to the law of the Russian Federation, they are of small severity, then there are crimes of medium gravity, then - grave and, finally, complete this list of particularly serious deeds.

For each of the degrees there are certain terms of deprivation of liberty, which are also specified in art. 15 of the Criminal Code. Taking into account the maximum time of deprivation, the crimes committed are classified in the above categories. Consider, for example, an act for which a criminal law provides for a term of imprisonment of 8 to 20 years. This art. 105 of the Criminal Code of the Russian Federation, murder, and take into account the qualifying sign - committed with particular cruelty, the item "d". According to the law, this act can be attributed to particularly serious, since the maximum term of imprisonment exceeds 10 years.

Every committed crime is, first of all, an act that has its own object (the object of crime). The object is understood as what the committed unlawful action is directed at. For example, crimes against health (Article 111 of the Criminal Code of the Russian Federation), life (Article 105), property (Article 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 the person, Life or leading to the loss of the function of any organ, or its loss. Article 105 - murder, that is, intentional deprivation of the life of another person. As it became clear, the object is human life. Article 158 - theft. This theft of property in a secret manner, belonging to another person by right of ownership, the object here will be property: real estate, vehicle, telephone, securities,

Thus, it can be concluded that a crime is a concept that is closely related to such sections as the criminal law and the institution of punishment. However, the legislator did not reflect the class attribute in this concept, motivating it by the fact that there are no ruling classes in Russia, and the institution of political power is the same for all.

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