A criminal act is the most important feature in the design of the objective side of any offense. It means criminal acts or inaction.
What is action and inaction
The action is the active behavior of the subject,which in most cases manifests itself in a physical effect on an object. In addition to physical influence, the action can be manifested in both verbal and written form (for example, the threat of murder, insult and other).
With regard to criminal inaction, you cansay that this is a passive form of manifestation of the deed. In this case, the person refrains or shuns from doing any actions that needed to be performed. In a similar situation, it is important to begin with to find out whether a person could act in the right way, that is, his duty. This duty can be entrusted both in the form of direct indication through a normative act (contract), as well as due to official position, kinship relations or other grounds.
The commission of any offense is inevitableIt causes negative changes in objective reality. It can cause harm immediately or create circumstances for the onset of such damage to public relations protected by law. The nature and extent of harm is determined by the degree of possible danger of the committed offense. That is, the consequences come. It is necessary to disassemble socially dangerous consequences: concept, species. Only after this the whole picture will be clear.
The notion of socially dangerous consequences
This category is understood as the essential damage fixed in the Criminal Code of the Russian Federation, which is inflicted on the object of legal protection as a result of the commission of a certain dangerous act.
It turns out that the threat of any harm is not a consequence. That is, it will be a characteristic of only a socially dangerous act, but not its consequences.
Most often harm from an offense comes as a result of active behavior - actions, but there are cases when it can occur as a result of passive behavior - inaction.
This is a secondary (facultative) sign in the design of the objective side of the offense.
Types of socially dangerous consequences
Depending on the content of the criminalthe consequences are divided into tangible and intangible. Each of these species has subspecies. So, material are divided into physical, property, infringement of work of establishments, transport, communication.
The Criminal Code uses such formssocially dangerous consequences by applying the right term when the consequences are known (for example, murder is death). This can be a specific disclosure of the consequences (serious damage to health - hearing loss, vision and other); significant harm in large amounts (for example, in case of theft); in particularly large amounts (for example, illicit traffic in psychotropic or narcotic drugs); serious consequences (for example, abuse of official duties). Most often the criminal law determines the amount of damage.
As for non-material consequences, theyare divided into such subspecies as moral damage (insult), ideological damage (the incitement of racial, national or religious hatred), intellectual damage (violation of the author's rights).
Such types of socially dangerous consequences are of great importance in criminal law.
Other forms of socially unsafe consequences
Depending on the severity level, sociallyThe dangerous consequences have different forms. And with this is worth exploring. Allocate such forms of socially dangerous consequences as easy harm (short-term health disorder), moderate harm (loss of working capacity to one-third), serious harm (loss of any organ). Each of these forms has a normative fixing in the Criminal Code of the Russian Federation. The law provides for an increase in punishment, depending on the severity of the harm done.
Significance of socially dangerous consequences
What is the significance of socially dangerous consequences?Disposition of the article of the Special Part of the Code indicates the consequences of a specific offense. Depending on whether there is such an indication, the crimes can be divided into material and formal.
Criminally-legal science defines offenseswith material composition as crimes that have such mandatory signs - socially dangerous consequences and, of course, a causal relationship. Such offenses include, for example, murder.
With regard to offenses with formalcomposition, they are defined as crimes, the objective side of which does not require the presence of consequences and, accordingly, causal connection, only the act itself is necessary. Such compositions include insult, slander and other.
For offenses with material compositionnecessarily socially dangerous consequences of the crime are established. This is necessary for the qualification of the committed as a completed offense. Before the dangerous consequences for the public, stipulated in the dispositions of a particular article of the Special Part, came, crimes with such a composition can be qualified as preparation for an offense or an attempt on a crime.
Dangerous for the public consequences are indicated for the differentiation of criminal responsibility. Also qualified or specially qualified formulations are created.
It turns out that in most criminal actsthe consequences simplify the investigation of the crime and the imposition of punishment on the perpetrator. The victim will be able to receive compensation for damage, if possible, to the extent necessary.
Causal communication
In criminal science, causality is the connectionbetween the perfect deed and the consequences. This is an optional feature. However, in material formations, it acts as an indispensable feature. When there is a criminal act and socially dangerous consequences, establishing a connection between them is simply necessary and is considered a prerequisite for bringing to criminal responsibility.
