The corpus delicti is a set of objective and subjective signs established by the criminal law that characterize a socially dangerous act as a crime. Its definition is required not only by employees of legal structures, but also by students of law universities.
It is necessary
The Criminal Code of the Russian Federation
Instructions
Step 1
To determine the corpus delicti, you need to identify four main features in it, which will characterize the act as criminal. It is an object, a subject, an objective and a subjective side.
Step 2
Determine the object of the crime. The object in this case represents public relations protected by law, which were infringed upon. The public safety of the committed crime depends on the object. The corpus delicti that characterizes the object includes the object of the encroachment, the subject of the crime and the victim.
Step 3
Highlight the objective side. This is the act, as well as its consequences, with the help of which the crime was committed. The objective side of a criminal act is described in the Criminal Code of the Russian Federation. It can be expressed by the action or inaction of the criminal.
Step 4
Identify the subject - this is the person who committed the crime. The imposition of responsibility for the deed is possible only on the person who has reached the age specified in Article 20 of the Criminal Code and is sane according to the results of the examination (according to Article 21 of the Criminal Code of the Russian Federation).
Step 5
Identify the subjective side of the crime. It includes the guilt of the subject of the act, as well as motive and purpose. Guilt can be deliberate or careless (Articles 25 and 26 of the Criminal Code of the Russian Federation, respectively).
Step 6
Determine the type of crime. It can be simple (without mitigating or aggravating circumstances affecting the degree of punishment), qualified (represents an increased danger to society, has aggravating circumstances) and privileged (has circumstances that reduce the subject's punishment).
