What Is The Objective Side Of The Crime

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What Is The Objective Side Of The Crime
What Is The Objective Side Of The Crime

Video: What Is The Objective Side Of The Crime

Video: What Is The Objective Side Of The Crime
Video: Prof. Viacheslav Tuliakov. Lecture "Resident Evil: Object of crime plus Actus Reus". 2024, May
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Any crime committed has its own composition. The qualification of the crime, as well as the possible punishment for the culprit, depend on its correct definition.

What the crime consists of
What the crime consists of

What constitutes a crime

The composition of each crime consists of an object, an objective side, a subject and a subjective side. The object of the crime is social relations, which are encroached upon by certain illegal actions, as well as inaction. The objects of crime, in particular, include: the state system, public security, justice, economic relations, property, human life and health, as well as his honor and dignity.

The subject of a crime is the person (persons) who committed it. From the point of view of the subjective side, the qualification of the crime is influenced by the number of participants, as well as the age and condition of the person at the time of the commission of certain actions. For example, the commission of a crime by a group of persons is an aggravating circumstance. Committing a crime in a state of passion, on the contrary, mitigates responsibility. If at the time of the crime the person has not reached a certain age or had a mental illness, this may be the basis for exemption from criminal liability.

The subjective side of a crime should be understood as the internal attitude of a person to the actions he has committed (inaction). The subjective side may be willfulness or carelessness. Also, the subjective side may include the motive for the commission of the crime.

What is the objective side of the crime

The objective side is formed by the actions or inaction themselves, constituting a crime. They must harm the protected public relations. So, if the committed actions formally fall under a crime, but do not cause harm, the person cannot be held criminally liable. However, for some offenses, the amount of damage caused is also important. If it is not large, the person can only be held administratively liable.

The objective side of each of the crimes is given in a special part of the criminal legislation. The objective side can also include a set of actions, each of which can be considered a separate crime. For example, a criminal took away property from a person, killing him at the same time. Then such actions can be considered simultaneously as robbery and murder.

The definition of the objective side is influenced not only by the actions, but also by the circumstances associated with the commission of the crime. Here, not only actions play a role, but also the place, time, and the way in which specific offenses are carried out.

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