A crime is a combination of certain features. On their basis, the act can be characterized as criminal. The main elements are the object, the objective side, the subject, the subjective side.
For a long time, there was no definition of corpus delicti in criminal law. Today, however, it is the only significant reason for which responsibility arises. The corpus delicti is understood as the system of signs of the act that were provided for in the hypothesis. The action could be performed both by one subject and by a group of people. It must necessarily be prohibited at the legislative level under the threat of punishment.
The concept of corpus delicti
The first mention of this term dates back to the 16th century, but until the 19th century, this concept was understood only as material evidence. These include the presence of a corpse or traces of theft. The factual concept is more of a criminal procedural, and not legal.
In our country, the criminal legislation for a long time did not give a specific description of the concept, but actively applied it in various regulatory and legal documents. Thanks to him, specific actions are classified as illegal. The corpus delicti is a legislative judgment about the social danger of a particular human activity.
There are two main approaches to understanding the concept. The first focuses on the classic German model. Therefore, within its framework, the composition is the sum of the features established by the criminal law. According to this, the signs have no material content. They are just descriptions.
The second approach says that the composition is a set of elements and characteristics that form a crime. The composition is not opposed to the latter. It represents the part that is paramount for all acts that run counter to the current Criminal Code of the Russian Federation.
In judicial and investigative practice, the second approach is often used. Therefore, the composition and the crime itself become interrelated and sometimes identical terms. Having one always means having a second.
The meaning of specific compositions is contained in the articles of the Special Part of the Criminal Code. They not only serve as a basis for prosecution, but also make it possible to distinguish between one crime and another. Without a description of the main features, it would be impossible to differentiate theft from extortion, robbery from hooliganism.
The main elements of the "corpus delicti" system
The generalization of the features characteristic of each action became the reason for the creation of a scientific abstraction - a general concept based on several features (elements). Each such side has its own characteristics, which in this or that criminal act have their own uniqueness, specificity, originality.
The described concept consists of 4 main elements:
- Object - an encroachment is directed at it.
- The objective side is the act itself, its external side and consequences dangerous for society.
- The subjective side is what is inside the committed crime. This can be a mental state, the attitude of the object to the situation that has arisen, intent, motives, goals, emotions.
- The subject is a sane person at the age of criminal responsibility.
Mandatory and optional signs
In the doctrine of the general corpus delicti, the necessary signs are called mandatory, and if there is something that is not characteristic of all corpus delicti, they are recognized as optional. For example, place, time, method, instrument are not always included in one or another corpus delicti, but action or inaction are mandatory signs of the objective aspect of every action.
It turns out that the mandatory include:
- an object;
- consequences;
- wine.
In relation to the subject, the elements must have signs of a physically sane person, compliance with certain age limits. The Criminal Code says that in most cases, responsibility begins from the age of 16-18, not counting especially dangerous acts. In this case, you can attract a person from the age of 14.
Optional elements are needed to construct corpus delicti. These include the victim and objects, place, time, emotional state, purpose and motive. Signs are very important.
Object and objective side
A crime committed within the framework of the Criminal Code, in whatever form it is expressed, is always associated with the infliction or threat of harm to an individual or society as a whole. The object is understood directly as a public attitude, interest, benefit, which are protected by the Criminal Code of the Russian Federation. They are being criminally assaulted.
The subject is also an important parameter. Unlike an object, it is expressed in material or physical form. These are tangible objects that are directly affected by the criminal.
The objective side is the sum of the external features that make up a socially dangerous unlawful act. The objective side is an amalgamation of interrelated elements.
The content of this aspect is recognized as the act itself, which combines various features with each other. It represents the action, the behavior of a person. They should be expressed in actions or inaction prohibited by criminal law.
When establishing criminal liability, the possible limits of harm are also determined. They are a criterion for limiting crime from other types of violations. Such consequences are an indispensable element of the objective side.
Subject and subjective side
Only a person can be a subject. If the animal has done harm, then it acts as a tool. Therefore, its owner is subject to criminal prosecution. In this case, the subject is only that individual who is aware of the meaning of the committed action, can direct his actions, that is, is sane. Sanity is a necessary circumstance that characterizes the subject of a crime.
In this case, sanity is assessed according to two main groups of criteria:
- Legal or psychological. This group includes the ability of a person to really see things, to understand the responsibility of the committed act and its social significance.
- Medical or biological. This parameter is fundamental in determining the state of the mental state of a person.
It is only on these two groups of signs that the question of how sane is the subject is decided. According to the legal parameter, the inability of a person to be aware of what has been committed, which, according to the strength of the danger, the act had a character, is established. The medical criterion is established on the basis of the conclusion of the forensic psychiatric examination. It should establish the presence of a mental disorder.
The subjective side is the criminal's internal attitude to what he has done. It is expressed in the understanding of their actions and their assessment. One of the characteristics is wine. It is complemented by motives and goals. Guilt is one of the main elements, without its presence it is impossible to bring a person to justice. It means the mental attitude of a person in the form of intent or negligence to the actions or omissions performed.
There are several forms of guilt:
- Direct intent: the person was aware of all the danger, foresaw the possibility of punishment;
- Indirect intent: the person was aware of the meaning of his actions, but the actions themselves are usually aimed at achieving a different goal that goes beyond the specific corpus delicti;
- Negligence: characterized by a special mental attitude of the perpetrator to the onset of harmful consequences as a result of the committed act, it can be expressed by frivolity or negligence.
Types of corpus delicti
According to the degree of public danger, there are three types:
- basic;
- skilled;
- privileged.
The main one is understood as the species that contains a certain number of objective and subjective features. They always exist when a certain type of crime is committed, but they do not provide for the presence of circumstances that lower or increase the level of public danger. One and the same violation, depending on these or those signs, may contain a different degree of danger related to different elements of the corpus delicti.
If the signs aggravate the guilt, it is not the qualifications that affect, we are talking about the second type. The circumstances that cause the change in the type of action are qualifying. They differ from the circumstances that mitigate and aggravate punishment. They are taken into account only when sentencing.
A set of objective and subjective aspects is considered privileged, containing, in addition to the characteristics of the main composition, those with the help of which there is a differentiation of responsibility towards its reduction.
Classification by the method of description in the law of signs
In this case, we are talking about a simple, complex and alternative composition. Simple contains a description of only one act. Its individual parts cannot be interpreted as an independent act.
In a complex crime, one or more elements are not single. These also include compositions in which one action includes several. In this case, the latter play the role of separate elements.
An alternative view involves the description of several options for criminal actions. Moreover, the presence of even one of them can become a question of criminal liability. An example is illegal acquisition, sale, transportation or carrying of weapons, robbery.
In conclusion, we note that the composition and the crime are related, but these two concepts are not identical. An ordinary crime is understood as a specific social dangerous guilty behavior of a person. Its implementation is prohibited by law. Composition - the general awareness of the illegal act, the theoretical basis for the classification of crimes.
