A crime in the criminal code is a wrongful guilty act, which is a public danger and is prohibited by law under the threat of sanctions.
Signs of a crime arising from the concept itself are social danger, culpability, wrongfulness, and punishability.
The most dangerous acts that encroach uponidentity, are crimes against life and health. The degree of responsibility for such offenses depends on their severity and nature. In this article we will look at the definitions of these crimes, their classification and differences between them.
Categories of crimes
Crimes against life and health, as well as other types of punishable acts, can be divided according to the degree and nature of public danger into several categories (groups):
1. Slightly heavy.
2. Medium.
3. Heavy and heavy.
Illegal acts of minor gravity are unlawful acts intentional or reckless. Such actions are punishable by imprisonment not exceeding the spirit of years.
The category of acts of moderate severity includesintentional and negligent acts. For them provided imprisonment of not more than five years. And the punishment for a crime by negligence does not exceed the two-year term of imprisonment.
Severe acts are characterized by deliberate violation of the law. The punishment for them is provided in the form of imprisonment for a term not exceeding ten years.
The category of especially grave crimes is constituted by deliberate acts, sanctions for which are provided in the form of imprisonment for a term of more than ten years.
Composition of the crime and its signs
All types of acts, including crimes againstlife and health have their composition. If at least one of the four elements of the composition of the act is missing, the criminal case is not initiated. Or it closes. Under the crime is the presence of subjective and objective evidence. They define the violation as representing a social danger. Signs of the composition of a criminal act are divided into types:
1. The object and its side (the outer side of the crime).
2. The subject and his side (the inner side of the crime).
The object is what the attacker attacks, thenthere is nothing wrong doing that deed. The outer side of the crime is characterized by external manifestations. For example, how was an illegal act committed, what consequences did it cause, etc. The subject is the person who committed the criminal act and its signs (age, height, position, etc.). The inner side of the crime indicates the presence or absence of intent, motive, purpose. We can say that it characterizes the mental activity of the subject.
Concept of crime against life
It includes all forms of life deprivation, as well as negligently causing death and bringing to suicide.
Murder is a deliberate wrongful act, resulting in the death of another person.
The object in this case is the humanlife as a special biological condition of the body. In practice, the beginning of life is considered the moment of birth. And termination of the biological activity of the fetus before the birth of a child due to violent acts is considered a punishable act as an injury to health.
Types of crimes against life
Any murder is always a source of danger to humans. Therefore, all categories of such crimes are divided into several types, depending on the level of public danger.
1. Simple murder. There are no circumstances that aggravate the guilt.
2. Qualified types of deprivation of human life (in the presence of aggravating circumstances).
3. Privileged killings (with extenuating circumstances).
All types of crimes against life are not considered murder if committed by negligence. After all, then in the actions of the subject there is no indirect or direct intent to commit an illegal act.
Characteristic
What is the characteristic of crimes against life?Actions targeted by human life include all forms of killing. This also applies to bringing to suicide, and to causing death by negligence. Murder is the infliction of death, which is completely intentional.
Characteristics of crimes against lifebegins with the definition of an object. It is always the life of a person in respect of whom an illegal act was committed (as a special biological condition). The outer side of the crime is expressed in public danger and the consequences received - the death of the victim. The subject is a person at the time of the murder, rape, or, for example, robbery, who has reached fourteen years, in other cases - sixteen years. In some of the offenses of criminal responsibility comes with eighteen years. The inner side of an unlawful act has an exclusively intentional form of guilt. It is determined by the presence of direct or indirect intent. The exceptions are cases of causing death by negligence.
Crimes entailing injury
Illicit acts committed against healthanother person. They are socially dangerous, prohibited by criminal law. They impinge on the safety of the health of the person against whom the criminal act was committed. Health is a natural physiological condition of a person, characterized by the absence of defects and diseases.
Characteristic
What is the characteristic of crimes againsthealth? What in this case is the health of the person in respect of whom the act was committed? As you already understood - the object. From the outside, a crime is expressed in an act (action or inaction) that represents a public danger, which entails the occurrence of harm to health through physical, biological, mental, chemical, mechanical influences. The subject of the act is a person not younger than sixteen years old, except for the occurrence of responsibility at the age of fourteen, when he suffered serious or especially serious harm. On the subjective side, crime has an intentional form of guilt. The exceptions are cases when a person is injured by negligence.
Kinds
Consider the types of crimes against health. An act that harms another person can be classified according to the criterion of danger into three types:
1. Light bodily harm.
2. Harm moderate.
3. Severely injured.
Depending on the method of committing the act, the types of crimes against health are divided into several types:
1. Harm by criterion of danger.
2. Crimes not related to violence, but endangering the normal condition of another person.
3. Torture and beatings. Characterized by repeated use of violence.
4. Acts endangering human health and life.
Punishment for crimes
It is completely understandable that for all illegaldeeds have to pay. Crimes that are harmful to health are subject to criminal liability. It is determined depending on the severity of the act. Responsibility for crimes against health can be, for example, in the form of a fine, mandatory work. Also criminals are punished by restriction of freedom or the appointment of corrective labor. For example, a fine, compulsory or corrective labor, and arrest are foreseen for beatings. For the infection of human immunodeficiency virus criminal law provides for imprisonment. With the exception of cases of infection due to improper performance by the person of his professional duties.
The penalty for murder is imposed in the form of restriction or imprisonment. The exceptions are crimes committed by negligence.
Now we know what crimes against life and health are and what are their differences.
