1. Crime: Concept, signs and classification.

1. Crime: Concept, signs and classification.

Crime admits the perfect socially dangerous act forbidden by the present Code under the threat of punishment is guilty.

Crime signs:

1. Public danger.

2. Illegality.

3. Guilt.

4. Punishability.

Public danger is objective property of any crime which consists in ability to do harm to the protected public relations. This harm can be material (for example, when committing the theft), moral (for example, if the insult) or physical (for example, in the case of harm to health). Parameters of public danger are character and degree. Nature of public danger is a qualitative sign which is defined by those public relations on which committed the infringement that is object of a crime is made. Degree of public danger is a quantitative sign which is defined by burden of the resulting consequences and types of guilt. One of the main factors defining degree of public danger is harm which is done or can be caused by the crime committed.

The sign of illegality is that the crime is directly forbidden in the criminal law on pain of punishment application that is only act which is fixed in the law as a crime.

The sign of guilt of act reflects the internal mental attitude of the person to the act made by it and the consequences which came after it. The sign of guilt expresses also that act is considered a crime only when it manifest negative consciousness and will of the person who made it.

The crime is a criminal offence. It means the act having all above-named signs is a crime only if the commission of the criminal law envisages criminal penalty. And conversely, socially dangerous act isn't a crime if the criminal law doesn't provide application of punishment for its commission.

Thus, the crime is the guilty committed, socially dangerous act (action or inaction) prohibited by the criminal law, encroaching on the rights and freedoms of the person and the citizen.

Classification of crimes depending on their public danger has a great importance. Crimes are divided into the minor offences, medium gravity, serious and especial serious.

Minor offences are deliberate and careless acts the maximum punishment for commission of which doesn't exceed three years of imprisonment.

Crimes of medium gravity are deliberate acts the maximum punishment for commission of which doesn't exceed five years of imprisonment.

Serious crimes are deliberate acts it provides the punishment which doesn’t exceed ten years of imprisonment.

Especially serious crimes are deliberate acts for commission of which provides the punishment, exceeding ten imprisonments or more strict punishment.

Summing up, we will note that the crime differs from other offences that the relations, most important for society, encroachment on which is characterized by the raised degree of public danger as object of legal protection. Therefore identification and fight against crime is priority activity.

2. General beginnings of purpose of punishment

Criminal penalty is one of the strongest means of the state legal impact on the identity of the person. Owing to this fact the right choice of a kind and a value of punishment for a concrete crime have the extremely essential importance. Fairly punishment contributes to the achievement of the purposes of punishment, provides effective correction of the persons who committed a crime.

According to article 118 of the Constitution justice in the Russian Federation is carried out only by court. Only the court can draw a final conclusion on guilt of the person in commission of crime and only the court can impose it punishment for the committed crime.

The imposed punishment has to be:

1. Fair.

2. Assigned within the relevant article.

3. Taking into account character and degree of public danger of a crime.

4. Identity of the guilty.

5. The circumstances commuting and aggravating a penalty.

6. The influence of the imposed punishment on correction of convict and on living conditions of his family.

All specified requirements have to be fulfilled surely in their set and it allows court to impose the fair penalty providing the purposes of a punishment and a task formulated in the criminal law.

Дата добавления: 2015-11-04