1. The concept of crime
1.1 The concept and signs of a crime under Russian law
1.2 The subject of the crime as a component of the public danger of the act
2. Signs of the subject of the crime
2.1 The concept of the subject of the crime
2.2 Sanity as a sign of the subject of the crime
2.3 Age as a sign of the subject of the crime
2.4 Special subject
List of used literature
The topic of the course work: "The subject of crime: the concept, signs, types".
The topic of the subject of crime is one of the most fundamental in criminal law science.
Each case of committing a crime has its own individual characteristics, including those related to the characteristics of a particular person guilty of this crime. Each person has specific, only her characteristic features that make up her personality.
All individual characteristics cannot be reflected in the theoretical and legislative constructions of the elements of crimes. If this were possible, the law would lose the principle of universality, and each individual could claim his own, personal, special Criminal Code. Therefore, in the theory of criminal law, the most typical properties of the criminal's personality are selected, and they are reflected in the concepts of the signs of the subject of the crime.
The subject of a crime is the minimum set of features that characterize the person who committed the crime, which is necessary to bring him to criminal responsibility. The absence of at least one of these signs means that there is no corpus delicti.
The main problems of the doctrine of the subject of crime at the present stage of development of legislation remain the issues of sanity and the establishment of signs of a special subject. Separately, it is necessary to highlight the responsibility of persons with mental abnormalities that do not exclude sanity.
The analysis of domestic criminal legislation allows us to conclude that legislators in all periods of Russian history have constantly turned to criminal law norms that determine the characteristics of the subject of crime. At the same time, the list of criminal acts was constantly changing, and issues related to criminal liability and punishment of the subject of crime were detailed and clarified at various stages of the development of the state, based on the tasks facing it in the field of combating crime.
The development of new economic relations, the establishment of the institution of public service, military reform and other transformations taking place in our society require a rethinking of many concepts related to criminal liability for crimes, the composition of which is designed for the presence of a special subject.
Theoretical basis of the study. The theoretical basis of the study was made up of the works of Russian authors. In the domestic criminal law literature, the problem of the subject of crime was paid attention to by a fairly significant number of authors. In this regard, the works of Argunova Yu., Antonyan Yu. M., Borodin S. V., Istalin A. F., Kudryavtsev I. L., Leikin N. S., Mustakhanov R., Nazarenko G. V., Pavlov V. G., Pervomaysky V. B., Shishkov S. N., Yalin A. and other authors were analyzed, which give their own understanding of the meaning of studying the subject of crime.
When writing this course work, we used normative legal acts of various levels, as well as materials of investigative and judicial practice.
The relevance of the topic is also due to the emerging trend in domestic forensic science towards a detailed, detailed study of the criminal's personality, which will undoubtedly enrich criminalistics in the methodological aspect. Borrowing research methods from the social and psychological sciences with their subsequent processing is also intended to complement the cognitive capabilities of the science of crime investigation and their subsequent use in the practice of combating crime.
The purpose of this work is to reveal the concepts, signs and types of the subject of crime in the criminal law of the Russian Federation.
In accordance with this, the course work attempts to solve the following interrelated tasks:
1) give the concept and reveal the signs of a crime under Russian law,
2) analyze the subject of the crime as a condition of criminal liability,
3) consider the subject's sanity and insanity,
4) describe the age at which criminal liability begins,
5) investigate a special subject,
6) highlight the gaps in the criminal legislation on the subject of the crime,
7) draw conclusions on the topic.
1. The concept of crime
1.1 The concept and signs of a crime under Russian law
Crime is a social and legal phenomenon. Crime appeared with the split of society into antagonistic classes. The norms on crimes and punishments began to express the will of economically and politically dominant relations, primarily in the protection of power and property.
A crime is, first of all, an act, i.e., an act of behavior (act, activity) expressed in the form of an active action or passive inaction. Thoughts, mental processes, beliefs, their expression outside, for example, in diaries, statements, no matter how negative they may be, are not crimes. Of course, an oral or written word is also an act, and therefore a number of" verbal " acts are recognized as criminal (threat to life, threat to seize property). However, this kind of behavior is aimed at causing harm prohibited by criminal law - harm to health, property rights of the individual, honor. Therefore, objectifying one's thoughts, for example, expressing an intention to kill N. to a friend, and threatening one's life are completely different types of behavior.
A criminal act, being a variety of human actions, first of all, must have all the signs of the latter in the psychological sense. In psychology, behavior is a socially significant system of human actions, individual behavioral actions are called an act if they correspond to generally accepted norms of behavior, and a misdemeanor if they do not correspond to these norms .
The physiological basis of behavior is active body movement (more often a system of them) or inhibition of activity, abstinence from active actions when inactivity. Psychophysiological verbal activity is the basis of slander, threats, insults. Physical-this is a mechanical impact on the subject of encroachment (murder, theft, etc.). It is possible to combine mechanical and verbal impact on the object and subject of the crime, for example, in hooliganism, abuse of power, etc.
Psychologically, every human action or inaction has motivation, i.e. it is caused by certain motives or a system of them (self-interest, jealousy, etc.), and purposefulness, foresight of the results of their behavior. Motivation and purposefulness of behavior provide a person's free will, i.e. the freedom to choose between at least two behaviors. In criminal behavior, a person chooses between anti-social and lawful, at least non-criminal behavior. Due to the lack of motivation and purposefulness, reflex actions committed in delirium, unconsciously or due to the influence of an irresistible force, are not behavior in the psychological, and even more so in the criminal-legal sense.
Thus, citizen N., who slipped on a banana peel and fell under the tram of the victim, cannot be held criminally liable, since he did not commit the action: his body movement was reflex, unconscious. There is also no freedom of choice, and therefore no behavior in an environment of irresistible force-natural emergencies (earthquake, river floods, forest fires) or created by people (accidents, wrecks, incarceration). Thus, failure to provide assistance to a patient by a doctor who, due to an ambulance accident, could not arrive on time to the patient is not an act.
Some Criminal Codes separately regulate the influence of force majeure as a circumstance in the presence of which there is no volitional behavior. Thus, Article 13 of the Chinese Criminal Code states: "Acts that objectively, although they have led to harmful consequences, are not the result of deliberate or careless guilt, but are caused by an irresistible force or the inability to foresee it, are not recognized as criminal."
The exemplary US Criminal Code lists in detail cases of involuntary behavior, i.e. when a person did not have freedom of choice. Article 2.01 states: "1. A person is not guilty of committing an assault if his responsibility is not based on conduct that includes a voluntary action or a voluntary failure to perform an action that he is physically capable of performing.
So a crime is an act. An act is an act or omission that has caused a socially dangerous consequence. The consequences are possible in the form of physical or mental harm to the individual and public safety, economic damage to the individual, society, the state, or disorganization of the functioning of certain objects. Action and inaction are types of human behavior and therefore must have all its psychological and physiological properties. They must be motivated, purposeful, have the freedom to choose between criminal and non-criminal behavior, volimost, voluntary.
A crime is a socially dangerous act. Only an act that is socially dangerous in its content is criminal. Public danger is the most important social (material) property of crime. Public danger, harmfulness of the act is expressed in causing or creating a threat of causing damage to the interests protected by the Criminal Code. An act that does not pose a public danger due to its insignificance, according to Part 2 of Article 14 of the Criminal Code, is not a crime.
The public danger of both individual crimes and crime in general is very dynamic and variable. It is determined by two subsystems of factors - criminological (causes and conditions of crime, effectiveness of prevention) and criminal-political (priority areas of the fight against crime, traditions and features of criminal legislation, punitive practice). It is enough to compare the Criminal Code of the RSFSR of 1922, 1926 and 1960, the criminal legislation of the next three decades, to see the significant variability of legislation, reflecting serious changes in crime and its causes, as well as the turns of criminal policy.
A crime is a criminal offense. A mandatory feature of a crime is its criminal illegality. This is a legal (as opposed to social) property of the act. It represents: a) prohibition; b) threat of punishment.
Criminal wrongfulness legally expresses in the criminal law the public danger and guilt of the act. It is derived from them as an evaluative and normative sign of a crime. Only a socially dangerous and culpable act is recognized as a criminal offense.
1. The Constitution of the Russian Federation//The Russian newspaper from December 25, 1993
2. Criminal code of 13 June 1996 No. 63-FZ (as amended on 27 may, 25 June 1998, 9 February, 15, March 18, July 9, 1999, 9, March 20, June 19, August 7, November 17, December 29, 2001, 4, 14 March, 7 may, 25 Jun, 24, 25 July, 31 Oct 2002 11 Mar, 8 APR, 4, 7 July, 8 December 2003, 21, July 26, 28 Dec 2004, 21 Jul 2005)
3. Criminal Procedure Code of the Russian Federation No. 174-FZ of December 18, 2001 (as amended on May 29, July 24, 25, October 31, 2002, June 30, July 4, 7, December 8, 2003, April 22, June 29, December 2, 28, 2004, June 1, 2005).)
4. Decree of the SNK of the RSFSR of January 14, 1918 "On commissions for minors" - SU RSFSR. 1918. N 16. St. 227.
B) Judicial practice
5. Resolution of the CEC and SNK of the USSR of April 7, 1935 "On measures to combat juvenile delinquency" - SZ USSR. 1935. N 19. St. 155.
6. Resolution of the Plenum of the Supreme Court of the Russian Federation No. 7 of February 14, 2000 "On judicial practice in cases of juvenile crimes" / / Bulletin of the Supreme Court of the Russian Federation. 2000. N 4.
7. Bulletin of the Supreme Court of the Russian Federation. 2000. N 4.
C) Scientific and educational literature
8. Bogomyatkov Yu. S. On the question of limited sanity in the theory of criminal law. 2003-p. 11.
9. Vetrov N. I. Criminal law. General and Special parts: textbook. - Moscow: Book world, 2003. P. 45
10.Egorova N. A. Crimes against the interests of the service. Volgograd, 2004. S. 100.
11. Enikeev M. I., Kochetkov O. L. General social and legal psychology. Brief encyclopedic dictionary, Moscow, 1997, p. 58.
12. Zayets A. P. The system of Soviet legislation (the problem of consistency). Kiev, 1997. p. 12.
13. Istalin A. F. General part of criminal law. Training manual. Edited by doctor of legal Sciences, Professor. I. Vetrov. -M., WINGD of the Russian Federation, 2004. - P. 34-39.
14. Ivanov N., Bryka I. Limited sanity / / "Russian Justice", 2004. - N 10. - P. 25.
15. Commentary to the Criminal Code of the Russian Federation Ed. 2-e, ed. and add . / Under the general editorship of Yu. I. Skuratov and V. M. Lebedev. - M.: Ed. group NORMA-INFRA. M, 2004.
16. Course of criminal law. Volume 1. General part. The Doctrine of Crime (edited by Doctor of Law, Professor N. F. Kuznetsova, Candidate of Law, Associate Professor I. M. Tyazhkova) - Moscow: ICD "Zertsalo-M", 2004
17. Milyukov S. F. Russian criminal legislation: experience of critical analysis. St. Petersburg, 2000. pp. 218-219.
18. Pavlov V. G. The subject of crime in the criminal legislation of the RSFSR (1917-1996) / / Pravovedenie, 1998, No. 1, p.16.
19. Forensic Psychiatry/Edited by B. V. Shostakovich, Moscow, 1997, p. 87.
20. Tagantsev N. S. Russian criminal law. Part General. Vol. 1. Moscow: Nauka, 1994. P. 163.
21. Criminal law of Russia./Edited by A. I. Rarog. M., 2003. pp. 142-143.
22. Criminal law: experience of theoretical modeling. Moscow, 1987. p. 69.
23. Criminal law. Special part / Ed. by I. Ya. Kozachenko, Z. A. Neznamova, G. P. Pogosyan. M., 2002. pp. 267-270.
24. Frolov. E. A. Controversial issues of the general doctrine of the subject of crime. Collection of scientific papers of the Sverdlovsk Law Institute. - 2003. - Issue 10. - P. 17.
25. Shchepelkov V. F. The subject of crime: overcoming the gaps of the criminal law/ / "Journal of Russian Law", N 2, February 2002.
26. Yalin A. The subject of crime as a condition of criminal responsibility - "Russian Justice", N 2, February 2001.