Types of crimes in modern Russian criminal law theory

Crime classification has noonly theoretical significance, but also practical importance. Correct implementation of regulatory requirements is impossible without an understanding of the nature of legal categories. The characteristics of criminal acts become more obvious if we consider them in groups formed on some basis.

Types of corpus delicti are usually classified for several reasons. These include:

• the degree and nature of the public danger of the committed act;
• its completeness;
• objective side design;
• way to describe the main features of a crime.

On the first basis, isolate simplepreferred and qualified compositions. These types are characterized by the presence or absence of factors that "increase" or "reduce" the guilt of the offender. So, the composition of a crime without mitigating and aggravating circumstances is called simple. The presence of those and other factors - the definition of a qualified "complex" of the object, subject and parties of the same name. Privileged composition implies the presence of only aggravating circumstances.

The second basis is the degree of completion.criminal act. Types of corpus delicti for this reason are delineated directly in the text of the Criminal Code of the Russian Federation. So, the act can be completed and unfinished. In the first case, according to the prescription, the actions of the offender contain the full range of corpus delicti constituted by the corresponding article of the law. In the second case, the act of a person must be characterized by all the features of an attempt or preparation for a criminal act.

An unfinished crime, in turn, may be qualified as preparation for it. Or, depending on the evidence, the act is recognized as a complete or incomplete attempt.

The third base subdivides the types of compositions.crimes depending on the design of one of the components - the objective side. The latter has various signs. In this classification, there are formal and material compositions.

The second type takes into account the whole complex of main features.of this element: the act and consequences, having the character of public danger, as well as the causal link between these two components. This composition takes place in the case when the act committed by the person (by itself) is not directly provided by the Criminal Code. For example, traffic violation is an offense, but not a crime. And the socially dangerous consequences that occurred as a result of this incident, for example, damage to human health, are already a crime.

Types of elements of crime, classified bythis basis includes cases where only the nature of the act is taken into account, and not the consequences themselves. For example, the dissemination of knowingly false and defamatory information, regardless of the consequences, qualifies as a criminal act. But in this case we are talking about the formal composition.

The latter can be presented in two forms.Here the types of corpus delicti differ in the degree of completion. Simple structure involves the full realization of criminal intent. In the second case we are talking about the preparation for the commission of the act. Such a composition is called truncated.

The way to describe the signs of a criminal actformed the basis of the following classification. Differ simple and complex compositions. In the first case, the properties of crime are associated with only one object of encroachment. The second is, for example, about such a wrongful act as robbery. In this situation, there are two objects of encroachment, and such a composition is called complex.