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Lecture notes, cheat sheets
Criminal law. General and Special part. Cheat sheet: briefly, the most important
Directory / Lecture notes, cheat sheets Table of contents
1. Criminal law: subject and method; system and tasks; science of criminal law Criminal law: as a branch of law is a set of legal norms that determine the criminality and punishability of acts, the grounds for criminal liability, the system of punishment, the procedure and conditions for their appointment, as well as exemption from criminal liability and punishment; as a science - a system of criminal law ideas and ideas about criminal law and the fight against crime that prevail in society at this stage; as an academic discipline - a system of knowledge, skills and abilities selected from the science of criminal law and judicial practice. Subject of criminal law - social relations that arise only in connection with the commission of a crime. Criminal law method consists in establishing the criminality and punishability of acts and criminal prohibitions on actions dangerous to the individual, society and the state, the violation of which, as a rule, is followed by criminal liability and the application of criminal punishment. Method types: - permission - authorizes the subject to perform certain actions; - prescription - obliges the subject to perform certain actions; - prohibition - forms models of prohibited socially dangerous behavior. Criminal law consists of two parts: General and Special. a common part contains norms that fix the basic principles, institutions and concepts, as well as the main provisions that determine the grounds and limits of criminal liability and punishment, the procedure and conditions for exemption from punishment. Special part consists of norms that describe the signs of specific crimes and establish the types and amounts of punishment for committing these crimes. Tasks of criminal law - protection of the most important public relations, ensuring the peace and security of mankind and the prevention of crimes (general and private prevention). Protected from criminal attacks (Part 1, Article 2 of the Criminal Code of the Russian Federation): - human and civil rights and freedoms; - property; - public order and public safety; - environment; - the constitutional system of the Russian Federation. General prevention - prevention of the commission of a crime by citizens under the influence of a criminal law prohibition. Private prevention - prevention of the commission of new crimes by persons who have already committed crimes by applying criminal penalties to them, as well as coercive measures of a medical and educational nature. The subject of the science of criminal law - the study of rule-making and law enforcement practice, the development of theoretical problems relating to criminal law, the concepts of "crime" and "punishment". Methods of science of criminal law: sociological; comparative legal; historical and legal; dialectical. 2. Principles of criminal law and their types Principles - this: - basic, initial provisions; - norms of behavior, activities; - features of the device of something. Signs of principles: - in terms of content - they are objective, because they reflect the patterns of development of society; - have the highest degree of generality; - have a certain stability, but react to some changes; - form a single, interconnected system in which there is no hierarchy (principles are equivalent); - are enshrined in the law. Principles of criminal law - the main guiding criminal law principles (ideas) enshrined in the norms of criminal law. Types of principles: - general (general legal), characteristic for all or for many branches of law; - special (criminal law), inherent only in criminal law. Principles enshrined in criminal lawThe principle of legality - the fight against crime with the help of criminal-legal means must be carried out strictly within the framework of the law and in full accordance with it (Article 3 of the Criminal Code of the Russian Federation). The principle of equality of citizens before the law - a person who has committed a crime is subject to criminal liability regardless of gender, race, nationality, language, origin, property and official status, place of residence, attitude to religion, beliefs, membership in public associations, as well as other circumstances (Article 4 of the Criminal Code of the Russian Federation ). Guilt Principle - only a natural sane person who has been found guilty of committing a crime can be held liable for a crime (Article 5 of the Criminal Code of the Russian Federation). The principle of justice - Bringing to criminal liability should be based on data corresponding to the law, and punishment should correspond to the nature and degree of social danger of the crime, the circumstances of its commission and the identity of the perpetrator (Article 6 of the Criminal Code of the Russian Federation). The principle of humanism - the fight against crime by criminal law means is not aimed at repressive suppression of this phenomenon, but at protecting the interests of all members of society, including those who have committed a crime (Article 7 of the Criminal Code of the Russian Federation). Principles Specially Distinguished in Science criminal lawThe inevitability of responsibility - any person, in whose action or omission a crime is established, is subject to punishment or other measures of influence provided for by the criminal law, i.e., is obliged to bear responsibility. Personal responsibility - the person who committed the crime is responsible only for what was committed by him personally. Individualization of criminal liability and punishment - the court in each specific case assigns punishment, taking into account the personality of the convict. Economy of measures of state coercion - the fight against crime should be carried out through the most rational use of criminal penalties, especially those related to deprivation of liberty. 3. The concept, features and structure of the criminal law. Interpretation of criminal law criminal law - a normative act adopted by the highest body of state power, containing legal norms that establish the basis and principles of criminal liability, determine which socially dangerous acts are recognized as crimes, and what penalties are applicable for their commission, as well as the grounds for exemption from criminal liability and punishment. Signs of criminal law: - the only source of criminal law; - consists of legal norms; - has the highest legal force; - describes signs of socially dangerous acts; - establishes the types and sizes of punishments. Structure of the criminal law (Criminal Code of the Russian Federation) - a codified normative act, consisting of two parts (General and Special). Each part consists of sections, chapters, articles, parts and paragraphs. The Criminal Code of the Russian Federation contains 12 sections, 34 chapters, about 360 articles. Article of the law It is a form of fixing the legal norm in writing. Articles of the General Part consist of norms that establish mandatory principles and provisions of criminal law, give the concepts of crime, punishment and grounds for exemption from criminal liability and punishment. Articles of the Special Part contain a description of the signs of specific crimes and provide for certain types and sizes of punishments for their commission. Interpretation - intellectual-volitional activity to understand and explain the meaning of the norms of the criminal law in order to apply them most correctly in accordance with the will of the legislator. Types of interpretation by subject: - legal, emanating from a body specially authorized by law; - judicial - is given by the court applying the norm of the criminal law when considering a specific criminal case; - doctrinal, given in textbooks, scientific articles, monographs on criminal law. Types of interpretation by volume: - literal - interpretation of the law in strict accordance with its text (letter); - distribution - interpretation, as a result of which the law is applied to cases that are not directly named in the text of the law, but are implied; - restrictive - interpretation, as a result of which the criminal law does not apply to all cases defined by the literal text of this law. Techniques (methods) of interpretation: - grammatical interpretation - understanding the text of the law using the rules of grammar and syntax (the meaning of individual words, concepts, terms, the relationship between them, etc.); - systematic interpretation - understanding the meaning of a legal norm by establishing its connection with other norms; - historical interpretation - clarification of the reasons that led to the adoption of the legal norm, the purpose, the environment in which it was created. 4. The concept and features of the criminal law norm Rule of law - a universally binding rule of conduct recognized and ensured by the state, from which the rights and obligations of participants in public relations follow. The structure of the rule of law - its internal structure. Usually the rule of law has a three-tiered structure: hypothesis, disposition, sanction. The norms of the General Part consist of dispositions, only some of them contain hypotheses. Norms of the Special Part - from dispositions and sanctions. Hypothesis - part of the article of the General Part, containing a list of conditions under which the norm is valid. Disposition - part of the article of the Special Part, describing the signs of a particular crime. Disposition types: - simple - only names the criminal act, but does not define its features; - descriptive - not only names a certain crime, but also reveals its signs; - reference - does not contain an indication of the signs of the corresponding criminal act, but refers to another article of the criminal law; - blanket - in the criminal law itself does not define the signs of a criminal act, but refers to other laws or regulations of another branch of law; - mixed (combined) - endowed with signs of two types of dispositions (simple and descriptive, descriptive and blanket). Sanction - part of the norm that establishes the types and amount of punishment for committing a crime. Types of sanctions: - relatively definite, indicating the highest and lowest limits of punishment or only the highest limit (Articles 105, 106 of the Criminal Code of the Russian Federation); - alternative, providing for the possibility of applying one of two or more types of punishments (part 1 of article 158 of the Criminal Code of the Russian Federation). 5. Action of the criminal law in time Operation of the criminal law in time: - entry into force of the law; - loss of force by law; - the concept of the time of the crime; - the retroactive effect of the law. The criminality and punishability of acts are determined by the criminal law in force at the time of the commission of this act (Part 1, Article 9 of the Criminal Code of the Russian Federation). Time of the crime - the time of committing a socially dangerous action (inaction) regardless of the time of the onset of the consequences (part 2 of article 9 of the Criminal Code of the Russian Federation). The retroactive force of law - the extension of the effect of the criminal law to an act committed before its entry into force. Usually, criminal law does not have retroactive effect, with the exception of a criminal law that eliminates the criminality of an act, mitigates punishment or otherwise improves the position of the person who committed the crime (Article 10 of the Criminal Code of the Russian Federation). The law is recognized as eliminating the crime of an act, if he: - completely excludes him from the number of criminally punishable; - amends the institutions of the General Part of the Criminal Code of the Russian Federation (for example, the introduction of new circumstances precluding the criminality of acts, limiting liability for preliminary criminal activity, raising the age of liability, etc.). The criminal law is recognized as mitigating punishment, if he: - reduces the maximum or minimum of punishment; - excludes a more severe or additional punishment from an alternative sanction; - expands the list of circumstances mitigating liability; - narrows the circle of circumstances that aggravate it. The law is recognized as otherwise improving the position of the person who committed the crime, if he: - increases the number of grounds for exemption from criminal liability and punishment; - reduces the statute of limitations for bringing to criminal responsibility and the statute of limitations for the execution of a guilty verdict; - changes the terms of parole from punishment to a more favorable side for the convicted person; - reduces the terms of repayment of a criminal record, etc. 6. Action of the criminal law in space The action of the criminal law in space is its application in a certain territory and in relation to certain persons who have committed a crime. Principles of action of the criminal law in space: - the principle of territoriality; - the principle of citizenship; - universal principle; is a real principle. Principle of territoriality - all persons who have committed crimes on the territory of the Russian Federation are liable under the Criminal Code of the Russian Federation (Part 1, Article 11 of the Criminal Code of the Russian Federation). The criminal law applies to: - to the territory of the Russian Federation; - continental shelf; - exclusive economic zone. Territory of the Russian Federation - land located within the state border of the Russian Federation, waters of inland seas, lakes and rivers, subsoil and air space above them, as well as territorial waters 12 nautical miles wide, counted from the low tide line both on the mainland and on the islands belonging to the Russian Federation. Continental shelf - the surface and subsoil of the seabed of submarine areas located outside the territorial sea of the Russian Federation, throughout the natural extension of its land territory to the outer border of the underwater margin of the continent. Exclusive Economic Zone installed in sea areas outside the territorial waters of the Russian Federation. The outer border of the exclusive economic zone of the Russian Federation is located at a distance of 200 nautical miles measured from the same lines (from the low tide line) as the territorial waters. Operation of Russian criminal law distributed by: - to military air and naval vessels, regardless of location; - territories of military units of the Russian Federation stationed outside Russia; - civil aircraft and sea vessels assigned to the port of the Russian Federation, if they are in the open sea or airspace; - foreign ships or aircraft, if they are in the port of the Russian Federation; - buildings and cars of Russian embassies abroad; - space objects registered in the Russian Federation. Citizenship Principle - citizens of the Russian Federation and stateless persons permanently residing in Russia who have committed a crime against interests protected by criminal law outside its borders are subject to criminal liability under the Criminal Code of Russia, if there is no decision of a court of a foreign state in relation to these persons on this crime (part 1 of article 12 of the Criminal Code of the Russian Federation). Universal Principle - the obligation of each state to apply its criminal law to criminals who encroached on the interests of not only this country, but also any other state, regardless of where and by whom the crime was committed, if this is provided for by an international treaty (part 3 of article 12 of the Criminal Code of the Russian Federation) . 7. The concept and main features of a crime. Classification of crimes Crime - a guilty socially dangerous act prohibited by the Criminal Code of the Russian Federation under the threat of punishment. This definition is formal and material and is given in Art. 14 of the Criminal Code of the Russian Federation. Signs of a crime - the main features that together form the concept of crime. In order for an act to be recognized as a crime, it must have the following features. 1. Guilty - a socially dangerous act can be recognized as criminally unlawful only when it is committed guilty, i.e. if there is a certain mental attitude of the person to the committed act and the ensuing consequences in the form of intent and negligence. 2. Public danger - the material sign of a crime, which consists in the ability of an act provided for by criminal law to cause significant harm to public relations (objects of crime) protected by criminal law. The criminal law singles out the qualitative (nature) and quantitative (degree) sides of public danger. The nature of public danger - a qualitative property of public danger, which is determined by the object of the crime. The special part of the Criminal Code of the Russian Federation, depending on the nature of the public danger, is divided into chapters and sections. Degree of public danger - a quantitative characteristic, which is determined by the significance of the harm caused to public relations and finds its expression in the sanctions of the articles of the Criminal Code of the Russian Federation: the higher the punishment, the higher the degree of public danger. 3. Criminal wrongfulness - a formal sign of a crime, meaning the legislative expression of the principle "there is no crime without an indication of it in the law." Only such behavior that is specifically provided for in the dispositions of the articles of the Special Part of the Criminal Code of the Russian Federation can be considered as a crime. 4. Punishability - the prohibition of a socially dangerous act by the criminal law does not mean only the declaration of the prohibition of the act, but provides for the establishment of an appropriate punishment for its commission. Minor deed - an action or inaction that formally contains all the elements of a crime, but due to the absence of public danger is not recognized as a crime. Classification of crimes - the division of all crimes depending on their public danger into different categories. The classification criterion is public danger. Categories of crimes: small weight; moderate; heavy; especially heavy. 8. The concept and types of single simple and complex crimes Single common crimes - crimes that encroach on one object, formed from one act (formal composition) or one act and one consequence (material composition), characterized by one form of guilt. Single complex crimes - crimes, the legislative structure of which is complicated by any circumstances: they encroach on two objects (Article 162 of the Criminal Code of the Russian Federation), consist of several acts (clause "c" part 2 of Article 126 of the Criminal Code of the Russian Federation), are characterized by two forms of guilt (h 3 article 123 of the Criminal Code of the Russian Federation), have several consequences (part 4 of article 111 of the Criminal Code of the Russian Federation), etc. Types of single complex crimes: - continued crime; - continuing crime; - compound crime; - a crime with alternative actions; - a crime with the presence of additional grave consequences. Continued crime - a crime consisting of a series of identical actions aimed at one goal and united by one intent (the guilty person, having the goal of assembling a TV set, steals radio components from a factory that produces TV sets). Signs of ongoing crime: - a series of identical actions; - actions are aimed at achieving a common goal and are united by one intent; - is done with direct intent; - ended when the final goal is reached with the completion of the last action. An ongoing crime - a crime in the form of action or inaction, associated with subsequent prolonged failure to fulfill the duties assigned to the perpetrator by law under the threat of criminal prosecution (Article 313 of the Criminal Code of the Russian Federation). Signs of an ongoing crime: - is committed in the form of an action (deprivation of liberty of the victim - Art. 127 of the Criminal Code of the Russian Federation) or inaction (storage of drugs - Art. 228 of the Criminal Code of the Russian Federation); - the consequences of an action (inaction) last an arbitrarily long time; - is done with direct intent; - ended from the moment the person surrendered or from the moment of detention. Compound crime - a crime consisting of two or more actions, each of which individually is provided for as an independent crime (clause "d" part 2 of article 131 of the Criminal Code of the Russian Federation). Alternative action crime - a crime, the disposition of which provides for a number of actions and the commission of any of them forms a completed crime (part 1 of article 222 of the Criminal Code of the Russian Federation). Crime with additional grave consequences - a crime where, in addition to the main object, harm is caused to an optional object in the form of grave consequences (part 3 of article 123 of the Criminal Code of the Russian Federation). 9. The concept, forms and types of multiplicity of crimes Multiplicity of crimes - commission by the same person simultaneously or successively of two or more crimes, each of which is capable of entailing independent criminal law consequences. Plurality forms: - totality - this is the commission of two or more crimes, for none of which the person was convicted, except in cases where the commission of two or more crimes is provided for by the articles of the Special Part of the Criminal Code as a circumstance entailing a more severe punishment (part 1 of article 17 of the Criminal Code of the Russian Federation ); - relapse - this is the commission of an intentional crime by a person who has a criminal record for a previously committed intentional crime (part 1 of article 18 of the Criminal Code of the Russian Federation). Set types: 1) real aggregate - the commission of two or more acts containing signs of two or more crimes, for none of which the person was convicted; 2) perfect totality - the commission of one act containing signs of crimes provided for by two or more articles of the Criminal Code. Types of relapse: - simple recidivism - the commission of any intentional crime by a person who has a criminal record for a previously committed intentional crime; - dangerous recidivism: a) commission by a person of a serious crime, for which he is sentenced to real imprisonment, if earlier this person was convicted two or more times for an intentional crime of medium gravity to imprisonment; b) committing a grave crime by a person, if previously he was convicted for a grave or especially grave crime to real imprisonment; - especially dangerous recidivism: a) commission by a person of a serious crime, for which he is sentenced to real imprisonment, if earlier this person was convicted twice for a serious crime to real imprisonment; b) commission by a person of a particularly grave crime, if previously he was convicted twice for a grave crime or was previously convicted for an especially grave crime; - special recidivism - repeated (after conviction for the first) commission of an intentional crime under the same article, or a homogeneous crime (currently not in the Criminal Code of the Russian Federation). When recidivism is recognized, the following convictions are not taken into account: - for intentional crimes of minor gravity; - for crimes committed by a person under the age of eighteen; - for crimes for which the conviction was recognized as conditional or for which a deferral of execution of the sentence was granted, if the conditional conviction or the deferment of the execution of the sentence was not canceled and the person was not sent to serve the sentence in places of deprivation of liberty; - withdrawn or redeemed in the manner prescribed by the Criminal Code. 10. The concept, elements and signs of a crime Corpus delicti - a set of objective and subjective signs established by criminal law that characterize a socially dangerous criminal act as a specific crime. Elements of the crime: - object and objective side; - subject and subjective side. Each of the elements is characterized by certain features, and they are divided into mandatory and optional. Mandatory signs characteristic of all crimes without exception. These include the object of the crime, the act, guilt and the subject of the crime (sanity and age). Optional signs are used by the legislator in the design of individual compositions. These include the subject of the crime, socially dangerous consequences, a causal relationship between the committed act and the ensuing consequences, time, place, situation, method, tools, means of committing a crime, motive, purpose, emotions and special features of the subject of the crime. The concept of crime and the general concept of corpus delicti characterize different aspects of the same phenomenon - a socially dangerous act. The concept of a crime is a socio-political characteristic of an act that makes it possible to distinguish it from other offenses. Corpus delicti - the legal form of the act, with the help of which the latter is recognized as a crime. 11. The concept of the object of the crime and its types Object of crime - one of the objective signs of the corpus delicti, which is public relations protected by criminal law from criminal encroachments. Public relations - diverse connections between people, organizations and the state (participants of relations) in the process of their economic, social, political and cultural activities. Elements of public relations: - participants (subjects); - goods, objects, about which there are relations; - social connection between subjects. Types of objects: - general - the totality of social relations protected by criminal law: the rights and freedoms of man and citizen, property, public order and security, the environment, the constitutional system of the Russian Federation, peace and security of mankind; - generic - part of a common object, which is a group of homogeneous and interconnected social relations protected by criminal law from criminal encroachments. The generic object corresponds to the title of the section of the Criminal Code of the Russian Federation (personality; relations in the economic sphere, etc.); - species - a part of a generic object that unites social relations of the same type, protected by criminal law. The species object corresponds to the title of the chapter of the Criminal Code of the Russian Federation (life and health of the individual; property relations; public safety, etc.); - direct - a part of a species object, which is a specific social relationship that is caused or threatened by a specific crime. The immediate object is expressed in one or more articles of the Criminal Code of the Russian Federation. 12. Types of offenses Types of compositions according to the degree of public danger: - main - composition without aggravating and mitigating circumstances, which describes the main features of a particular crime; - qualified - corpus delicti with aggravating circumstances, which, in addition to the features of the main corpus delicti, contains special features that increase punishability in comparison with the main corpus delicti; - privileged - corpus delicti with extenuating circumstances, which, in addition to the features of the main corpus delicti, contains special features that reduce punishability compared to the main corpus delicti. Types of compositions by structure: - simple - composition, in the disposition of which one attribute of each element is indicated, - one object, one deed, one consequence, one form of guilt; - complex - composition, the disposition of which is complicated by any circumstances: - two objects (property and personality); - two actions (sexual intercourse and violence); - two consequences (serious harm to health and death); - two forms of guilt (intent to illegally perform an abortion and negligence to cause death). Types of complex compositions: - composition with two objects: the commission of a criminal act simultaneously involves an encroachment on two objects; - composition with two actions - a composition that provides for the commission of two or more actions; - composition with two consequences - a composition in which the onset of two types of consequences is envisaged; - a composition with two forms of guilt - a composition where the subjective side is heterogeneous and is characterized by a different attitude of the person to the act (intention) and to the consequence (negligence); - alternative composition - a composition, in the disposition of which a number of actions are listed; the establishment of one of them is already sufficient to recognize the presence of corpus delicti in the actions of a person. Types of compositions according to the design of the objective side: - material - the crime is recognized as completed from the moment of the onset of the criminal consequences described in the disposition of the relevant article of the Criminal Code of the Russian Federation; - formal - a composition that the legislator recognizes as completed from the moment the criminal act described in the disposition of the article of the Special Part of the Criminal Code of the Russian Federation, regardless of the onset of consequences (slander is recognized as a completed crime from the moment of dissemination of knowingly false information discrediting the honor and dignity of another person); - truncated - composition, which the legislator recognizes as completed due to increased danger at an earlier stage - preparation and attempt. 13. The concept of the subject of the crime and its relationship with the object of the crime. Multi-Object Crimes Subject of the crime - objects of the material world, which are directly affected by the offender, carrying out an encroachment on the object of the crime, and causing him harm. The objects of the crime have a material shell and are available for perception from the outside, measurement and fixation (Article 158 of the Criminal Code of the Russian Federation - the subject of a crime is someone else's property, Art. 245 - animals). Types of the subject of the crime: - things (property, money, documents, weapons, other items of the material world); - plants, trees and animals. The subject of the crime, being a sign of the immediate object of the crime, correlates with the latter as a part and a whole. Not all crimes have a subject matter. Multi-Object Crimes - crimes related to damage to two or more public relations that are the direct objects of this crime, where one of the objects is the main (main), and the other is additional (Article 162 of the Criminal Code of the Russian Federation - property and personality). The main object is public relations, in order to protect which a criminal law norm has been issued (Article 162 of the Criminal Code of the Russian Federation - property). An additional object is public relations that are harmed or a threat of harm is created in the event of an encroachment on the main object (Article 162 of the Criminal Code of the Russian Federation - a person). An additional object can be required, alternative and optional. Types of additional object: - necessary - is always associated with the infliction of one or another harm or with the threat of harm in the event of an encroachment on the main object (Article 162 of the Criminal Code of the Russian Federation - a person); - alternative - a group of public relations that are harmed by an encroachment on the main object at the choice of the person committing the crime (Article 163 of the Criminal Code of the Russian Federation: the main object is property relations, alternative additional objects are health, property, honor and dignity); - optional - public relations, which are not in all cases damaged when a crime is committed; it does not affect the qualification, but it matters when sentencing (part 3 of article 123 of the Criminal Code of the Russian Federation - the life of the victim). 14. The concept of the objective side of the crime. Mandatory signs of the objective side The objective side of the crime - a set of signs of external manifestations of criminal behavior established by criminal law. Mandatory signs of the objective side - signs that are necessary for each corpus delicti. This is an act (action and inaction). Optional features of the objective side - signs necessary only for certain elements of crimes. These are criminal consequences, causation, place, time, method, environment and means of committing a crime. Criminal act - socially dangerous, illegal, conscious and volitional behavior of a person, expressed in the form of action or inaction, causing significant harm or creating a threat of harm to public relations. Inaction - a passive form of behavior, manifested in the failure to perform mandatory and necessary actions. Action - an active form of human behavior, manifested in mechanical movements and having a complex character. Common signs of action and inaction: - public danger of an act - the danger of causing harm to public relations or the threat of causing harm; - wrongfulness - the prohibition of an act by criminal law under the threat of punishment; - awareness - the ability of a person to understand the nature and content of the social danger of a particular action; - volition - the ability of a person to control his actions. 15. The concept and types of criminal consequences. Causal connection. Optional features of the objective side of the crime Criminal Consequences - harm caused by human criminal activity to public relations protected by criminal law. Types of criminal consequencesMaterial Consequences - property damage (direct - article 158 of the Criminal Code of the Russian Federation or lost profit - article 165 of the Criminal Code of the Russian Federation) and physical harm (damage to life - article 109 of the Criminal Code of the Russian Federation or human health - article 111 of the Criminal Code of the Russian Federation) caused to a person. Types of property damage in the Criminal Code of Russia: - grave consequences (Article 249 part 2 of the Criminal Code of the Russian Federation); - large-scale damage (Article 169 part 2 of the Criminal Code of the Russian Federation); - especially large damage (Article 166 part 3 of the Criminal Code of the Russian Federation); - significant damage (Article 262 of the Criminal Code of the Russian Federation); - large size (Article 198 part 1 of the Criminal Code of the Russian Federation); - especially large size (Article 198 part 2 of the Criminal Code of the Russian Federation); - a significant amount (Article 257 of the Criminal Code of the Russian Federation). Intangible Consequences - harm caused to the interests of the individual (moral - Art. 129 of the Criminal Code of the Russian Federation, etc.), or harm in the field of activity of state and other organizations (moral, political, organizational - Art. 285 of the Criminal Code of the Russian Federation, etc.). Causal relationship - this is such a connection in which a criminal act, preceding in time, inevitably gives rise to a criminal consequence, and is a necessary, main and decisive condition for the onset of consequences. The pattern of formation of a causal relationship - unchanging development from a cause (action or inaction) or a combination of causes to a consequence (criminal consequences), accompanied by facilitating or inhibiting conditions. Cause - a phenomenon (speeding), naturally causing, causing the occurrence of another phenomenon (consequence - the death of a pedestrian). Condition the environment in which the crime is committed. A condition cannot give rise to a phenomenon, but accompanies causes and can influence their development. Conditions can be conducive (poor driver's vision) or inhibitory (good visibility). Optional features of the objective side of the crimePlace - a specific area in which a crime is committed. Time - a certain time period during which a crime can be committed. The setting of the crime - the objective conditions under which the crime occurs. Method of committing a crime - techniques and methods used by a criminal to commit a crime. Means and instruments of committing a crime - tools and devices with which the crime was committed. 16. The concept and signs of the subject of the crime Subject of the crime - a natural and sane person who has committed a socially dangerous act prohibited by criminal law and who has reached the age of criminal responsibility by the time the crime is committed. Mandatory signs of the subject - signs that are present in each of the crimes provided for by the Criminal Code of the Russian Federation. These include sanity and reaching the legal age. Additional signs of the subject - signs that characterize the special subject of a particular crime, established by the norm of the Special Part of the Criminal Code of the Russian Federation as mandatory for this composition. Age of criminal responsibility - the age established in the criminal law, upon reaching which the person who committed the crime is subject to criminal liability (Article 20 of the Criminal Code of the Russian Federation). Criminal liability, as a general rule, is subject to a person who has reached the age of sixteen by the time the crime was committed. As an exception, criminal liability from the age of fourteen comes for the commission of 20 crimes (of which 13 are especially grave, 3 are grave, 3 are of medium gravity and 1 are of minor gravity) listed in Part 2 of Art. 20 of the Criminal Code of the Russian Federation. Sanity - the ability of a person during the commission of a socially dangerous act to realize the actual nature and social danger of his action (intellectual moment) and to control them (volitional moment). 17. The concept and criteria of insanity. Special subject of crime insanity - the inability of a person to realize the actual nature and social danger of his actions (inaction) or to manage them due to a chronic mental disorder, temporary mental disorder, dementia or other mental illness (Article 21 of the Criminal Code of the Russian Federation). The basis for declaring insane is the presence of one of the signs of legal and medical criteria. Legal criterion is the lack of a person's ability to give an account of their actions and manage them. The legal criterion includes intellectual and volitional features. An intellectual sign indicates a disorder of consciousness, expressed in the inability of a person to realize the actual nature and social danger of an action (inaction), a volitional sign indicates a disorder of the will, expressed in the inability of a person to control his actions. Medical criterion focuses on various forms of mental disorders of activity. It contains four signs: chronic mental disorder, temporary mental disorder, dementia, other mental illness: - chronic mental disorders - chronic mental illness, that is, a long-term mental disorder (schizophrenia, epilepsy, progressive paralysis, paranoia, etc.); - temporary mental disorder - a mental illness that lasts a short time and ends with recovery (pathological intoxication - delirium tremens, reactive symptomatic conditions, i.e. mental disorders caused by severe mental upheavals and experiences); - dementia - various kinds of decline or complete decline in mental activity associated with the defeat of a person's intellectual abilities (three degrees of dementia: mild - debility, medium - imbecile, severe - idiocy); - other morbid condition of the psyche - painful phenomena that are not mental illnesses, but are also accompanied by mental disorders (with brain injuries, brain tumors and other diseases). Special subject of crime - a person who, in addition to the necessary signs (sanity, reaching the age of criminal responsibility), is also characterized by additional signs provided for by the norms of the Special Part of the Criminal Code of the Russian Federation. Signs that characterize a special subject: - citizenship (Art. 275, 276 of the Criminal Code of the Russian Federation); - gender (art. 106, 131 RF); - age (Article 150 of the Russian Federation); - official position (Art. 285, 290, 293 of the Criminal Code of the Russian Federation); - occupation (Art. 195, 196, 197 of the Criminal Code of the Russian Federation); - special duties (Art. 124, 143, 283, 310 of the Criminal Code of the Russian Federation); - education (Article 123 of the Criminal Code of the Russian Federation); - family relations (Article 157 of the Criminal Code of the Russian Federation); - criminal legal status (Articles 300, 305, 307 of the Criminal Code of the Russian Federation); - the status of a serviceman (part 1 of article 331 of the Criminal Code of the Russian Federation); - legal consequences of a previously committed crime (Articles 313, 314 of the Criminal Code of the Russian Federation). 18. The concept and signs of the subjective side of the crime. Forms of guilt The subjective side of the crime - the internal characteristic of the crime, reflecting the mental attitude of the criminal to the crime he committed. Signs of the subjective side: mandatory - guilt and optional - motive, purpose and emotional state of the person at the time of the crime (affect). Fault - the mental attitude of a person in the form of intent and negligence to the socially dangerous act committed by him and its consequences. Wine is characterized by intellectual and volitional elements. Intellectual includes awareness of the socially dangerous nature of the act and foreseeing the socially dangerous consequences of one's action (inaction). The volitional element of guilt is the ability of a person to direct his action. Crime motive - due to certain needs and interests, internal motives that cause a person to decide to commit a crime. Purpose of the crime - the result that the person committing the crime seeks to achieve. Affect - strong mental agitation, expressed in a short-term, but rapidly flowing mental reaction, during which consciousness and the ability to think are narrowed, and the ability to control one's actions is weakened. Wine has two forms: - intent - the person who committed the crime is aware of the socially dangerous nature of his act, foresees its consequences and seeks to cause them or deliberately allows them to occur; - imprudence - the person who committed the crime foresaw the possibility of the onset of socially dangerous consequences of his act, but without sufficient grounds, presumptuously counted on their prevention or did not foresee the onset of such consequences, although with the necessary care and foresight he should have and could have foreseen them. Types of intent: - straight - the person was aware of the social danger of his actions (inaction), foresaw the possibility or inevitability of the onset of socially dangerous consequences and desired their onset; - indirect - the person was aware of the social danger of his actions (inaction), foresaw the possibility of socially dangerous consequences, did not want, but consciously allowed these consequences or treated them indifferently. Types of negligence: - frivolity - the person foresaw the possibility of the occurrence of socially dangerous consequences of his actions (inaction), but without sufficient grounds, presumptuously counted on the prevention of these consequences; - negligence - the person did not foresee the possibility of socially dangerous consequences of his actions (inaction), although with the necessary care and foresight he should have and could have foreseen these consequences. 19. Legal and factual errors. A crime with a double form of guilt. incident Error - a person's misconception about the actual legal and actual nature of the action or inaction committed by him and its consequences. Types of errors: 1. Legal mistake - misconception of the subject about the criminality or non-criminality of the act committed by him (action or inaction) and its consequences, the criminal-legal qualification of the deed, as well as the type or amount of punishment that can be imposed for the commission of this act. Types of legal errors: - an erroneous idea of a person about the criminality of his actions, while the law does not classify them as a crime; - about the act committed by him as impregnable, while the law classifies it as a crime; - on the legal qualification of the committed act; - about the type and amount of punishment. In case of a legal error, the general rule applies that the criminal liability of a person occurs in accordance with the assessment of the act not by the subject of the crime, but by the legislator. 2. Factual error - misconception of a person about the actual circumstances relating to the object or the objective side of the crime committed by him. Types of factual errors: - in the object; - in the object or person of the victim; - in the nature of the action or omission to be performed; - concerning socially dangerous consequences; - in the development of a causal relationship; - means of committing a crime. A factual error has an impact on the qualification of the deed, and this takes into account the general rule that the crime should be assessed on the basis of the direction of intent. Double culpability crime - an intentional crime, in which the attitude of a person to a socially dangerous act is expressed in the form of intent, and to socially dangerous consequences - in the form of negligence. Casus - an act containing signs of a crime, committed innocently, because the person did not realize and could not realize the social danger of his act or did not foresee the possibility of socially dangerous consequences and, due to the circumstances of the case, should not or could not have foreseen them. 20. Attempted crime and its types Attempted crime - intentional actions (inaction) of a person directly aimed at committing a crime, if the crime was not brought to an end due to circumstances beyond the control of this person (part 3 of article 30 of the Criminal Code). Signs of an attempt: - an action (inaction) is committed that is directly aimed at committing a crime; - the crime is not brought to an end due to circumstances beyond the control of the person; - is done only with direct intent. Types of attempt according to the degree of completion of the act: - a completed attempt - an attempt in which the person has completely performed all the actions that he considered necessary to complete the crime; - unfinished attempt - an attempt in which the person did not perform all those actions that, in his opinion, were necessary to complete the crime. Types of assassination according to the degree of suitability: - an attempt on an unusable object - an attempt when a person directs his actions to a specific object, but his actions, due to a mistake made, do not actually encroach on the object chosen by him and do not harm him; - attempt with unsuitable means - the use by the guilty of tools or means that objectively cannot harm the object of criminal law protection and cause the desired result to occur. 21. The concept and types of stages of an intentional crime. Preparing for crime Stages of committing a crime - certain stages of the development of an intentional crime, which differ from each other in the nature of public danger, the moment of termination of criminal activity and the degree of realization of the intent of the perpetrator. Stages of committing an intentional crime: - preparation (part 1 of article 30 of the Criminal Code of the Russian Federation); - attempt (part 3 of article 30 of the Criminal Code of the Russian Federation); - a completed crime (part 1 of article 29 of the Criminal Code of the Russian Federation). Completed crime - this is an act committed by a person that contains all the signs of a crime under the Criminal Code of the Russian Federation. Criminal liability for a completed crime occurs under the articles of the Special Part of the Criminal Code of the Russian Federation. Preparing for crime - the stage of an intentional crime, which is the creation of conditions for the subsequent commission of a crime. In criminal law, preparation for a crime is understood as finding, making or adapting by a person the means or instruments of committing a crime, finding accomplices in a crime, conspiracy to commit a crime, or other deliberate creation of conditions for committing a crime, if the crime was not brought to an end due to circumstances beyond its control. circumstances (Part 1, Article 30 of the Criminal Code of the Russian Federation). Criminal liability comes for preparing for grave and especially grave crimes and is qualified under the articles of the Special Part of the Criminal Code of the Russian Federation with reference to Part 1 of Art. 30 of the Criminal Code of the Russian Federation. Cooking signs: - preparatory actions that create conditions for the commission of a crime; - committed with direct intent; - the crime is not brought to an end; - the interruption of the crime due to circumstances beyond the control of the perpetrator. Preparatory steps: - search - the acquisition by any means of means or instruments of committing a crime (bought a sawn-off shotgun); - manufacture - the creation or restoration of properties, means and instruments of committing a crime (made master keys, a knife). Instruments of crime - any objects with which the crime is directly committed. Means of committing a crime - any objects with the help of which the commission of a crime is facilitated; - adaptation - bringing objects into a state that makes them suitable for the successful implementation of the planned crime (preparing a car for smuggling across the customs border); - search for accomplices - actions aimed at finding accomplices with the necessary qualities, organizing or joining a group; - conspiracy to commit - reaching an agreement between two or more persons to commit a crime. 22. Voluntary refusal to commit a crime. The concept and signs of complicity in a crime Voluntary refusal - voluntary and final termination of the initiated crime, when the person realizes the possibility of bringing it to the end. Signs of a voluntary refusal: - voluntariness - the commission of actions to stop the crime of one's own free will, while realizing the possibility of bringing the crime to an end; - finality - the complete and final cessation of the initiated crime and the lack of intention to continue it in the future. Conditions for exemption from criminal liability: - subjective conditions: - voluntariness (voluntarily); - finality (actual abandonment of criminal intent); - awareness of the possibility of bringing the crime to the end; - objective signs: - termination of criminal activity (abstinence or prevention of consequences); - timeliness (cessation during preparation or attempt); - the absence of a completed crime in the committed act. Complicity in crime - intentional joint participation of two or more persons in the commission of an intentional crime. Signs of complicity: - objective: - the participation of two or more persons subject to criminal liability assumes that all persons have the characteristics of a subject of a crime, i.e. they are sane and have reached the age of criminal responsibility; - jointness of actions - a sign that characterizes the common actions of accomplices both from the objective side (the activity is aimed at achieving a common result, the presence of a causal relationship between the actions of each accomplice and the ensuing consequence, the creation of conditions for the commission of actions by other accomplices), and from the subjective side (community of interests, mental community of accomplices); - subjective: - intentional nature of actions; - Consistency of intent of the perpetrators. Complicity is possible only in intentional crimes. The joint intent of the accomplices is characterized by the jointness of their actions and the focus on achieving a single criminal result. 23. Forms and types of complicity in a crime Form of complicity - an external manifestation of joint criminal activity, reflecting the nature of the relationship and interaction of the perpetrators in the process of committing a crime. 1. By the presence or absence of a preliminary agreement: - complicity without prior agreement - joint intentional participation of several persons in the commission of a crime without prior agreement; - complicity with a preliminary agreement can be of the following types: associated with a preliminary agreement regarding the place, time and method of committing a crime; with a preliminary, more detailed collusion, giving the participants the character of an organized group; a stable criminal organization with a detailed distribution of roles, which sets itself the task of committing one or more serious or especially serious crimes. 2. By the nature of the fulfillment of the objective side of the crime: - co-execution - interaction in the process of committing a crime of two or more executors (co-perpetrators), each of which is directly involved in the implementation of the objective side of a specific corpus delicti; - co-execution with the performance of various roles - the interaction of the performer with other accomplices (accomplice, organizer, instigator). Types of complicity: 1) group of people - in which the joint actions of two or more perpetrators were directed to the commission of a crime without prior conspiracy; 2) group of persons by prior arrangement - in which the persons agreed in advance on the joint commission of a crime; 3) organized group - a stable group of people who have previously united to commit one or more crimes. Stability - constancy, stability, non-susceptibility of the group to environmental influences. Types of sustainability: temporary; the stability of the participants - the constancy of the role composition of the group, the presence of a leader; target - the desire of participants to commit crimes, expressed in intent and in action. Signs characterizing sustainability: preparing to commit certain crimes; discipline in the group; organization, leadership; development of plans for specific crimes; 4) criminal community (criminal organization) - a close-knit organized group (organization) created to commit grave or especially grave crimes, or an association of organized groups created for the same purposes. Cohesion - the unity of the organization, activity, goal-setting. 24. Types of complicity under the Criminal Code of the Russian Federation. Types of accomplices Types of complicity provided for in the Special Part of the Criminal Code of the Russian Federation: - gang - a stable armed group of people who have united in advance to attack citizens and organizations; - illegal armed formation - an illegally formed, stable armed group of persons in the form of detachments, groups, squads, regiments, platoons created to conduct combat operations with the use of weapons; - extremist community - an organized group of persons created to prepare and commit extremist crimes based on ideological, political, racial, nationalistic or religious hatred or enmity. Partners: - performer: - a person who directly committed a crime or directly participated in its commission together with other persons (co-perpetrators); - a person who has committed a crime through the use of other persons who are not subject to criminal liability due to age, insanity or other circumstances; - organizer: - the person who organized the commission of the crime or supervised its execution; - a person who created an organized group or a criminal community (criminal organization) or led them; - instigator - a person who persuaded another person to commit a crime by persuasion, bribery, threat or in any other way; - helper: - a person who contributed to the commission of a crime by giving advice, instructions, providing information, means or instruments for committing a crime, or by removing obstacles; - a person who promised in advance to hide the offender, the means or instruments of committing a crime, traces of a crime, or objects obtained by criminal means; - a person who promised in advance to purchase or sell such items. Forms of action of the organizer: - organization of a specific crime; - organizing a group to commit crimes. Signs of incitement: - directed to certain persons; - aimed at incitement to a specific crime; - takes the form of an action. 25. Responsibility of accomplices in a crime. Involvement in crime Excess performer - commission by the executor of socially dangerous actions that go beyond the intent of other accomplices. Types of kurtosis: - quantitative - commission by the perpetrator of a crime that is homogeneous, but more or less dangerous in comparison with the intended one, or identical to it; - qualitative - commission by the executor of a crime different from the previously conceived. Failed complicity - non-commission by the perpetrator due to various reasons of the crime, the commission of which was directed by the actions of the organizer, accomplice, instigator. Reasons for not committing a crime: - voluntary refusal; - illness or death of the performer; - irresistible force (the river has spilled). Involvement in crime - intentional criminal activity related to a crime committed or being prepared by other persons, but not contributing to its commission. Forms of involvement in crime: - misreporting - inaction, expressed in failure to inform the authorities about an impending and committed crime (the Criminal Code of the Russian Federation does not provide for criminal liability for failure to report); - harboring - any active actions not promised in advance, aimed at concealing the offender or the traces of the crime, the instruments and means of committing the crime, or items obtained by criminal means, in relation to especially serious crimes; - connivance - failure to prevent a person from committing a crime in cases where a person could prevent or take certain measures to prevent a crime. 26. Concepts and types of circumstances excluding the criminality of the act. urgent need Circumstances excluding the criminality of the act, - socially useful and expedient actions aimed at eliminating the threat created for the social relations existing in the country and stimulating useful activities. Types of circumstances excluding the criminality of the act: - necessary defense; - infliction of harm during the detention of a person who committed a crime; - extreme necessity; - physical and mental coercion; - reasonable risk; - execution of an order or order. Extreme need - causing harm to legally protected interests in order to eliminate the danger that directly threatens the person and rights of this person or other persons, the interests of society and the state, if this danger could not be eliminated by other means and the limits of extreme necessity were not exceeded. Conditions for the legality of extreme necessity: - related to imminent danger: - the source of danger is different (human behavior, forces of nature, faulty mechanisms, etc.); - presence of danger; - the reality of the danger; - related to actions to eliminate the hazard: - You can protect any interests protected by criminal law; - harm is caused only to third parties; - the harm caused is less than the harm prevented; - harm is caused if the impending danger cannot be eliminated by other means. 27. Necessary defense. Imaginary defense Necessary Defense (NO) - protection of the personality and rights of defenders or other persons, legally protected interests of society or the state from a socially dangerous encroachment by causing harm to the encroaching person. Types of NO: - in case of an attack involving life-threatening violence - protection of the defender and other persons, during which any harm can be caused (including the deprivation of life of the attacker); - in case of an attack not associated with life-threatening violence - protection of the defender or other persons, during which the limits of NO were not exceeded; - in case of an unexpected encroachment - protection against a fast-flowing and unforeseen attack, when it was impossible to objectively assess the degree and nature of the impending danger; any harm caused will be justified. Conditions for the legality of the DUT relating to the attack: - public danger of encroachment - the actions of the offender must cause or create a threat of harm to the interests of the individual, society and the state protected by criminal law; - availability - the existence at a given moment of time of this circumstance. The initial moment of encroachment is the moment of the most socially dangerous encroachment or a real threat of encroachment. The final moment is the moment when the threat of harm to the defender has passed; - actuality - the encroachment must exist in reality, and not in the imagination of the defender. Imaginary defense - defense against an imaginary and in reality non-existent encroachment. The actions of a person during an imaginary defense are evaluated according to the rules of a factual error: - if the situation of the incident gave reason to believe that a real encroachment was being committed, and the person who applied the means of protection was not aware and could not be aware of the fallacy of his position, then his actions are recognized as committed in a state of NO; - if at the same time the person exceeded the limits of the NO, then he is subject to liability as for exceeding the limits of the NO; - if a person causes harm without being aware of the imaginary infringement, but due to the circumstances of the case, he should and could have been aware of it, then liability arises for causing such harm through negligence. Conditions for the legitimacy of DOs related to protection: - it is possible to protect the personality and rights of the defender, other persons, society and the state; - protection consists in causing physical or property harm only to the offender; - protection should not exceed NO. Exceeding NO limits - intentional actions that clearly do not correspond to the nature and degree of public danger of encroachment (part 3 of article 37 of the Criminal Code of the Russian Federation). 28. Causing harm during the arrest of a person who has committed a crime. Execution of an order or order Causing harm during the arrest of a person who committed a crime, - detention of a person who has committed a crime in order to deliver to the authorities and prevent the possibility of committing new crimes by causing harm, if it was not possible to detain such a person by other means. Conditions for the legitimacy of causing harm to a criminal during his arrest: - harm is caused to the person who committed the crime; - harm is caused to deliver a person to the authorities or to prevent the possibility of committing new crimes; - harm is caused when it is impossible to detain a person by other means; - the harm must correspond to the nature and degree of public danger of the act committed by the detainee, and it is unacceptable to exceed the measures necessary for detention. Execution of an order or instruction - infliction of harm to interests protected by criminal law by a person acting in pursuance of an order or order binding on him. Conditions for the legitimacy of an act committed in the execution of an order or instruction: - an order or instruction is binding on a subordinate if they are given in the proper form; - the order or instruction must be legal. Knowingly illegal order - an order (instruction), which obviously, beyond any doubt, goes beyond the competence of the person who gave it and contradicts the content of the law that protects the rights and freedoms of man and citizen. 29. The concept and signs of criminal liability. Physical and mental coercion. Reasonable risk Criminal Liability (LA) - state-coercive influence for a committed crime, provided for by the criminal law norm and applied to a person by a court judgment that has entered into force. UO in an objective sense: - a positive aspect - the imposition of a duty on persons not to commit acts recognized by criminal law as criminal, under the threat of punishment; - a negative aspect - in case of violation of this duty, prosecution by the justice authorities and the application of appropriate sanctions. UO in a subjective sense: - a positive aspect - the assimilation by persons of the obligation not to commit a crime, its reflection in their minds and the construction of behavior in accordance with the requirements of the criminal law; - a negative aspect - in case of violation of the requirements of the law and the commission of a crime, a conscious duty and compulsion to answer for what has been done before the justice authorities and suffer a well-deserved punishment. Signs of UO: - is coercive, personal; - established in the criminal law; - carried out on behalf of the state and by court order; - entails negative consequences for the offender. Physical and mental coercion - purposeful impact on a person, limiting the possibility of his free will in a certain behavior. Criminal liability is excluded if, as a result of such coercion, the person could not control his actions (inaction). If, as a result of coercion, a person retained the ability to control his actions, then the issue of criminal liability is resolved taking into account the provisions of Art. 39 of the Criminal Code of the Russian Federation. Reasonable risk - achievement of a socially useful goal by causing harm to interests protected by criminal law, if the specified goal could not be achieved by actions (inaction) not related to risk and the person who allowed the risk took sufficient measures to prevent harm to interests protected by criminal law. Conditions for the legitimacy of a justified risk: - the risk is carried out to achieve socially useful goals; - the set goal cannot be achieved by non-risk actions; - the person at risk has taken all necessary measures to prevent possible harm to interests protected by criminal law; - the risk should not be obviously associated with a threat to the lives of many people, an environmental disaster or a public disaster. 30. Stages, grounds, limits and goals of criminal liability Stages of criminal responsibility: - prosecution - qualification of the act, the establishment of criminal law and procedural relations between the state and the person who committed the crime; - realization of responsibility - the actual execution of the criminal punishment imposed by the court and the infliction of hardships and hardships by the convict that make up the content of the criminal punishment, as well as the implementation of medical and educational measures. Grounds for criminal liability - committing an act containing all the elements of a crime under the Criminal Code of the Russian Federation: - actual - committing a crime; - legal - corpus delicti. Limits of criminal liability - time limits, which establish the moment of both the emergence and termination of criminal liability. Time of criminal liability - the moment of bringing charges against the person who committed the crime. The moment of termination of criminal liability - the moment after serving the sentence and the removal of a criminal record or in connection with the release from criminal liability. Purposes of criminal responsibility: - pertaining to punishment: - restoration of social justice; - correction of the convict; - prevention of new crimes; - related to coercive measures of a medical nature: - curing persons or improving their mental state; - prevention of new crimes; - relating to compulsory measures of educational influence: - education of a minor; - prevention of new crimes. 31. The concept, signs and purposes of punishment in criminal law Punishment - a measure of state coercion, appointed on behalf of the state by a court verdict to a person found guilty of a crime, and entailing the deprivation or restriction of the rights and freedoms of this person, as well as the criminal law consequence - a criminal record (Article 43 of the Criminal Code of the Russian Federation). Signs of punishment: - a measure of state coercion; - assigned to a person found guilty of a crime; - Appointed by a court verdict and on behalf of the state; - entails the deprivation or restriction of rights and freedoms; - entails a criminal-legal consequence - a criminal record; - is strictly personal. Purpose of punishment: - restoration of social justice - restoration of the rights and freedoms of the individual violated by the crime, associated with the punitive content of punishment; - correction of the convict - the formation in the individual of respect for the law, interests, rights and freedoms of the individual, society and the state; - prevention of the commission of crimes - measures of influence on citizens by criminal-legal means, carried out in the process of assigning and executing punishment. Warning types: - general - deterring socially unstable persons from committing a crime under pain of criminal punishment; - special - the application of criminal punishment to persons who have committed crimes, as a result of which they do not commit new crimes. 32. The system of punishments and types of punishments Punishment system - provided by criminal law, binding on the courts, an exhaustive list of punishments, arranged in a certain sequence - from less severe to more severe. Types of punishment1. Basic punishments - types of punishments applied only independently, they cannot be assigned in addition to other types of punishments and combined with each other. Types of punishments applied as the main ones: - Compulsory work (Article 49 of the Criminal Code of the Russian Federation); - correctional labor (Article 50 of the Criminal Code of the Russian Federation); - restriction on military service (Article 51 of the Criminal Code of the Russian Federation); - restriction of freedom (Article 53 of the Criminal Code of the Russian Federation); - arrest (Article 54 of the Criminal Code of the Russian Federation); - detention in a disciplinary military unit (Article 55 of the Criminal Code of the Russian Federation); - deprivation of liberty for a certain period (Article 56 of the Criminal Code of the Russian Federation); - life imprisonment (Article 57 of the Criminal Code of the Russian Federation); - the death penalty (Article 59 of the Criminal Code of the Russian Federation). 2. Additional punishment - a type of punishment that joins the main types of punishments and cannot be applied independently (deprivation of a special, military or honorary title, class rank and state awards) (Article 48 of the Criminal Code of the Russian Federation). 3. Penalties applied as both basic and additional, - types of punishments that can be applied as both basic and additional types of punishments. A fine (Article 46 of the Criminal Code of the Russian Federation) and deprivation of the right to occupy certain positions or engage in certain activities (Article 47 of the Criminal Code of the Russian Federation) can be applied as both basic and additional types of punishment. 33. Escape from serving a sentence Malicious evasion of punishment - deliberate actions of the convict in order to avoid or prevent the execution of the punishment imposed by the court in the form of a fine (as the main punishment), compulsory work, correctional labor, restriction of freedom, leading to their replacement with other, more severe types of punishment. Штраф (as the main punishment) is replaced by: - to punishment within the limits of the sanction of the article of the Special Part of the Criminal Code of the Russian Federation. Mandatory works are replaced by: - 8 hours of compulsory work = 1 day of restriction of freedom; - 8 hours of compulsory work = 1 day of arrest; - 8 hours of compulsory work = 1 day of imprisonment. Correctional works are replaced by: - 1 day of correctional labor = 1 day of restriction of freedom; - 2 days of correctional labor = 1 day of arrest; - 3 days of corrective labor = 1 day of imprisonment. Freedom restrictions are replaced by: - 1 day of restriction of freedom = 1 day of imprisonment. 34. Compulsory and corrective works; restriction on military service; restriction of liberty, arrest 1. Mandatory work - punishment in the form of execution by the convict in his free time from his main work or study of free socially useful work (the type of compulsory work and objects are determined by local governments in agreement with the penitentiary inspections) no more than 4 hours a day for a period of 60 to 240 hours. Mandatory work is not assigned: - disabled people of group I; - pregnant women and women with children under the age of three; - conscription servicemen; - to servicemen undergoing military service under a contract in the military positions of privates and sergeants (if at the time of the sentencing they did not serve the term of service established by law by conscription). 2. Correctional labor - punishment imposed on a convict who does not have a main place of work, in the form of performing work, determined by the local government in agreement with the body executing punishment, in the area of the place of residence of the convict for a period of two months to two years, and withholding from the income of the convict into income states from 5 to 20%. Correctional works are not assigned: - disabled people of group I; - pregnant women and women with children under the age of three; - conscription servicemen; - to servicemen undergoing military service under a contract in the military positions of privates and sergeants (if at the time of the sentencing they did not serve the term of service established by law by conscription). 3. Restriction on military service - punishment imposed on convicted servicemen serving under a contract for a period of three months to two years for crimes against military service or instead of corrective labor provided for in the articles of the Special Part, which consists in deducting up to 20% from the monetary allowance of the convicted person to the state ; a convicted serviceman during serving a sentence cannot be promoted in position, military rank, and the term of punishment is not included in the period of service for the assignment of the next military rank. 4. Restriction of freedom - the punishment imposed on convicted persons who have reached the age of 18 by the time the sentence is passed by the court, and consists in keeping the convicted person in a special institution without isolation from society under supervision (comes into force no later than 2005). Restriction of freedom is assigned: - for intentional crimes in the absence of a criminal record for a period of one to three years; - for negligent crimes for a term of one to five years. Restriction of freedom is not assigned: - disabled people of I and II groups; - pregnant women, women with children under the age of 14; - women over 50 years old; - men over 60 years old; - conscription servicemen. 5. Arrest - punishment consisting in keeping the convict in conditions of strict isolation from society for a period of one to six months (comes into effect no later than 2006). Arrest is not appointed: - persons under the age of 16; - pregnant women and women with children under the age of 14. 35. Content in a disciplinary military unit; deprivation of liberty for a specified period; life imprisonment; the death penalty 1. Maintenance in a disciplinary military unit - a punishment imposed on conscripted servicemen, as well as on contract servicemen in the positions of privates and sergeants, for a term of three months to two years for crimes against military service and for ordinary crimes, where imprisonment for a term not more than two years may be replaced by detention in a disciplinary military unit for the same period, taking into account the nature of the crime and the identity of the perpetrator. 2. Deprivation of liberty for a certain period - punishment consisting in isolating the convicted person from society by sending him to a correctional institution (colony-settlement, correctional colony of general, strict or special regime, or prison) for a period of 2 months to 20 years (for the totality of crimes - no more than 25 years, and on the aggregate of sentences - no more than 30 years). Serving of imprisonment is appointed: - settlement colony: - convicted of negligent crimes; - Convicted for intentional crimes of small and medium gravity, who have not previously served imprisonment; • correctional colonies of general regime: - men convicted of serious crimes who have not previously served imprisonment; - women sentenced to imprisonment for committing grave and especially grave crimes in case of any type of recidivism; - correctional colonies of strict regime: - men convicted of especially serious crimes who have not previously served imprisonment; - men in case of recidivism or dangerous recidivism of crimes, if the convict has previously served imprisonment; • correctional colonies of a special regime: - men sentenced to life imprisonment; men with especially dangerous recidivism of crimes; • prison: - men sentenced to imprisonment for committing especially grave crimes for a period of more than 5 years; - for men with a particularly dangerous recidivism when the court appoints the serving of a part of the term in prison; - educational colonies: - under 18 years of age at the time of the sentencing. 3. Life imprisonment - punishment consisting in strict isolation of the convict from society by sending him to a special regime correctional colony for a period of more than 25 years; appointed for the commission of especially serious crimes encroaching on life or public safety. Life imprisonment shall not be imposed: - women; - committed crimes under the age of 18; - men who have reached the age of 65 by the time the court passes the sentence. 4. Death penalty - an exceptional measure of punishment imposed on a convicted person for committing especially grave crimes that encroach on life, which, by way of pardon, can be replaced by life imprisonment or imprisonment for a term of 25 years. 36. Additional punishments and punishments applied as both main and additional Additional penalty: - deprivation of a special, military or honorary title, class rank and state awards - a type of punishment imposed by the court, taking into account the personality of the convicted person when he commits a grave or especially grave crime. Penalties applied as both primary and secondary: - fine - a monetary penalty imposed on a convict in the range of 2500 to 1 million rubles. and in the amount of the salary or other income of the convicted person in the period from two weeks to five years, paid in a lump sum or with installments in certain installments for up to three years (as an additional punishment, a fine is imposed only when it is provided for in the articles of the Criminal Code of the Russian Federation). Circumstances taken into account when determining the amount of the fine: - the gravity of the crime committed (only for grave and especially grave crimes, the fine can be more than 500 thousand rubles or in the amount of the salary or other income of the convicted person for a period of more than three years); - property status of the convict and his family; - the opportunity for convicts to receive wages and other income. Deprivation of the right to hold certain positions or engage in certain activities - a punishment imposed on a convicted person for a term of one to five years as the main type of punishment and for a term of six months to three years as an additional punishment; consists in a criminal law prohibition to hold positions in the public service, in local governments, or to engage in certain professional or other activities. This type of punishment may be imposed as an additional one in cases where it is not provided for in the sanction of an article of the Criminal Code of the Russian Federation. 37. The concept of general principles of sentencing General principles of sentencing - the principles, categories and basic rules established by the Criminal Code of the Russian Federation, which the court must be guided by when sentencing in all criminal cases without exception. Types of beginnings of sentencing: - softer than provided for in the article of the Special Part of the Criminal Code of the Russian Federation: - the appointment of a more lenient punishment than provided for this crime (Article 64 of the Criminal Code of the Russian Federation); - within the limits of the sanction of the article of the Special Part - sentencing: - in the presence of mitigating circumstances (Article 62 of the Criminal Code of the Russian Federation); - with a verdict of jurors on leniency (Article 65 of the Criminal Code of the Russian Federation); - for an unfinished crime (Article 66 of the Criminal Code of the Russian Federation); - for a crime committed in complicity (Article 67 of the Criminal Code of the Russian Federation); - in case of recidivism of crimes (Article 68 of the Criminal Code of the Russian Federation); - stricter than provided for in the sanction of the article, - the imposition of punishment in the aggregate: - crimes (Article 69 of the Criminal Code of the Russian Federation); - sentences (Article 70 of the Criminal Code of the Russian Federation). Requirements for punishment: - the punishment must be fair; - is appointed within the sanction of the article of the Special Part of the Criminal Code of the Russian Federation; - subject to the provisions of the General Part of the Criminal Code of the Russian Federation; - must ensure the achievement of the goals of punishment. When imposing a sentence, the court considers the following criteria: - the nature and degree of public danger of the crime; - identity of the perpetrator; - mitigating and aggravating circumstances; - the impact of the imposed punishment on the correction of the convict; - the impact of the sentence imposed on the living conditions of the convict's family. 38. Circumstances mitigating and aggravating punishment Circumstances mitigating punishment (the list is exhaustive): - the commission of a crime of minor gravity for the first time due to an accidental combination of circumstances; - minority of the perpetrator; - Pregnancy; - the presence of young children; - the commission of a crime due to a combination of difficult life circumstances or for the motive of compassion; - committing a crime as a result of physical or mental coercion or due to material, service or other dependence; - the commission of a crime in violation of the conditions of the legality of necessary defense, detention of the person who committed the crime, extreme necessity, reasonable risk, execution of an order or instruction; - illegality or immorality of the behavior of the victim, which was the reason for the crime; - confession, active contribution to solving the crime, exposing other accomplices in the crime and searching for property obtained as a result of the crime; - provision of medical and other assistance to the victim immediately after the commission of the crime, voluntary compensation for property damage and moral damage caused as a result of the crime, other actions aimed at making amends for the harm caused to the victim; - other circumstances recognized by the court as mitigating. Aggravating circumstances (exhaustive list of circumstances): - recidivism of the crime; the onset of grave consequences as a result of the commission of a crime; - committing a crime as part of a group of persons, a group of persons by prior agreement, an organized group or a criminal community (criminal organization); - a particularly active role in the commission of a crime; - involvement in the commission of a crime of persons who suffer from severe mental disorders or are in a state of intoxication, as well as persons who have not reached the age from which criminal liability arises; - commission of a crime based on political, ideological, racial, national or religious hatred or enmity, or on the basis of hatred or enmity against any social group; - committing a crime out of revenge for the lawful actions of others, as well as with the aim of hiding another crime or facilitating its commission; - the commission of a crime against a person or his relatives in connection with the performance of official activities by this person or the fulfillment of public duty; - committing a crime against a woman who is known to the perpetrator to be in a state of pregnancy, as well as against a minor, other defenseless or helpless person or a person who is dependent on the perpetrator; - committing a crime with particular cruelty, sadism, mockery, as well as torment for the victim; - commission of a crime with the use of weapons, ammunition, explosives, explosive or imitating devices, etc. 39. Sentencing within the limits of the sanction of the article of the special part of the Criminal Code of the Russian Federation Sentencing under extenuating circumstances - the rule applied to persons who, by their active post-criminal behavior aimed at helping the authorities in solving a crime and compensating for harm, in the absence of aggravating circumstances, reduce the term and size of the punishment, which cannot exceed 3/4 the maximum term or amount of the most severe type of punishment provided for in the article of the Special Part of the Criminal Code of the Russian Federation (Article 62 of the Criminal Code of the Russian Federation). Forms of active post-criminal behavior (Article 61, part 1, clause "i", "k" of the Criminal Code of the Russian Federation): - turnout with confession; - active contribution to solving the crime; - exposure of other accomplices in the crime and search for property obtained as a result of the crime; - provision of medical and other assistance to the victim immediately after the commission of the crime; - voluntary compensation for property damage and moral damage caused as a result of a crime; - other actions aimed at making amends for the harm caused to the victim. Assignment of punishment at the verdict of jurors on leniency - a rule under which a convicted person found guilty of a crime by a jury, but deserving of leniency, is sentenced to a sentence not exceeding 2/3 the maximum term or size of the most severe type of punishment (the death penalty and life imprisonment are not applied, and aggravating circumstances are not taken into account) (Article 65 of the Criminal Code of the Russian Federation). Assignment of punishment for an unfinished crime - a rule that takes into account the circumstances due to which the crime was not completed; at the same time, for preparation for a crime, the term or amount of punishment cannot exceed half of the maximum term or size of the most severe type of punishment provided for in the sanction of the article of the Special Part of the Criminal Code for a completed crime, and for attempt - three quarters (death penalty and life imprisonment for an unfinished crime not assigned). Assignment of punishment for a crime committed in complicity, - a rule that takes into account the degree of participation of a person in a committed crime. When imposing punishment for a crime committed in complicity, the following criteria are taken into account (Article 67 of the Criminal Code of the Russian Federation): - the nature and extent of the actual participation of the person in the commission of the crime; - the significance of this participation for achieving the goal of the crime; - its impact on the nature and extent of the harm caused or possible; - mitigating or aggravating circumstances relating to the personality of one of the accomplices are taken into account only in relation to this person. Sentencing for recidivism (Article 68 of the Criminal Code of the Russian Federation) - the rule of sentencing in case of a simple, dangerous or especially dangerous recidivism: the term of punishment cannot be less than 1/3 the maximum term of the most severe type of punishment (under extenuating circumstances, the punishment may be less than 1/3, but within the limits of the sanction, and under exceptional circumstances (Article 64 of the Criminal Code of the Russian Federation), a more lenient punishment may be imposed than provided for in the sanction). 40. Appointment of a more lenient punishment than provided for a given crime. Assignment of punishment for cumulative crimes The imposition of a more lenient punishment than provided for this crime, - the rule of sentencing a person in the presence of exceptional circumstances related to the goals and motives of the crime, the role of the perpetrator, his behavior during or after the commission of the crime and other circumstances that significantly reduce the degree of public danger, as well as the active assistance of a participant in a group crime to its disclosure. In this case, the court may impose a punishment below the lower limit, a milder type of punishment, or not apply an additional type of punishment provided for as a mandatory one (Article 64 of the Criminal Code of the Russian Federation). Assignment of punishment for cumulative crimes - the rule set out in Art. 69 of the Criminal Code of the Russian Federation and applied in the event that a person commits two or more acts provided for by various articles or one article of the Criminal Code of the Russian Federation, for none of which the person was convicted. When imposing punishment on the totality (ideal or real) of crimes, the following rules must be taken into account: - punishment is assigned for each committed crime separately; - if all crimes are of small and medium gravity, then the final punishment is imposed in two ways: by absorbing a less severe punishment by a more severe one, or by partial or complete addition of punishments. At the same time, it cannot exceed more than half the maximum term or amount of punishment provided for the most serious of the crimes committed; - if at least one of the crimes committed is a grave or especially grave crime, then the final punishment is imposed by partial or full addition and cannot exceed more than half the maximum term of punishment in the form of imprisonment provided for the most serious of the crimes committed; - additional punishments can be added to the main types, while the final additional punishment when added up cannot exceed the maximum term or amount provided for this type of punishment in the General Part of the Criminal Code of the Russian Federation. 41. The concept of probation Probation - a special form of release of the guilty person from the actual serving of the punishment imposed by the court in the form of correctional labor, restriction in military service, restriction of freedom, detention in a disciplinary military unit or imprisonment for up to eight years with the establishment of a probationary period and the imposition of certain duties on the probationer (Art. 73 of the Criminal Code of the Russian Federation). Probation - the period of time established by the court based on the type and amount of punishment, during which the conditionally convicted person must prove his correction by his behavior (when imposing a sentence of imprisonment of up to one year or a milder type of punishment, the probationary period is set from six months to three years, and when imposing imprisonment for a term of more than one year - from six months to five years). Responsibilities for probation - a non-exhaustive list of restrictions and coercions imposed by the court, contributing to the correction of the convict. Responsibilities for probation (open list): - not to change the permanent place of residence, work, study without notifying the specialized state body; - do not visit certain places; - undergo treatment for alcoholism, drug addiction, substance abuse or a sexually transmitted disease; - provide financial support to the family; - other duties imposed on the convict, contributing to his correction. Upon the expiration of the probationary period, if the convict complied with the order of the court's sentence, his conviction shall be extinguished. The criminal law provides for the possibility of early cancellation of a conditional sentence after at least half of the established probationary period has expired. If the convict evaded the performance of the duties assigned to him, then the court, on the proposal of the body exercising control over the convict, may extend the probationary period, but not more than for one year. If the evasion was of a systematic or malicious nature, or if the convict hid from control, then the court decides to cancel the conditional sentence and carry out the punishment imposed by the court's verdict. If a conditionally convicted person commits a crime during the probationary period through negligence or an intentional crime of minor gravity, the issue of canceling or maintaining the conditional sentence is decided by the court. If the committed crime is an intentional crime of medium gravity, a grave or especially grave crime, then the court cancels the conditional sentence and imposes a sentence on him according to the totality of sentences. 42. The concept and types of exemption from criminal liability. Release due to active regret Release from criminal liability - a criminal law institution applied on the grounds provided for in the Criminal Code of the Russian Federation by an inquiry agency, investigator, prosecutor or court in relation to a suspect, accused, defendant and convicted person who has committed a crime, and excluding the use of state coercion measures. Conditions for exemption from criminal liability - a set of circumstances, the presence of which makes it possible to apply the grounds for exemption from criminal liability. Basis for exemption from criminal liability - inexpediency, from the point of view of the principle of justice, to condemn a person and impose on him measures of a criminal law nature for an actually committed crime. Types of exemption from criminal liability: - in connection with active repentance (Article 75 of the Criminal Code of the Russian Federation); - in connection with reconciliation with the victim (Article 76 of the Criminal Code of the Russian Federation); - in connection with the expiration of the statute of limitations (Article 78 of the Criminal Code of the Russian Federation); - in connection with the amnesty (Article 84 of the Criminal Code of the Russian Federation). Active remorse - a type of exemption from criminal liability, applied before the decision of a court verdict by the body of inquiry, investigator, prosecutor or court in relation to a person who has committed a crime of small or medium gravity for the first time, who, after committing a crime, by his active post-criminal behavior, proved the inexpediency of bringing him to criminal responsibility. Conditions for exemption from criminal liability in connection with active repentance: - a person commits a crime for the first time; - committing a crime of small or medium gravity; - the presence of active post-criminal behavior (turning in confession, contributing to the disclosure of a crime, compensation for damage or other reparation for the harm caused by a crime); - active repentance deprives the committed crime of social danger. A person is recognized as having committed a crime for the first time if he has not previously committed crimes at all or has been released from criminal liability for the crime or has served his sentence and the conviction has been expunged or canceled in the manner prescribed by law. The second type of the institution of active repentance concerns the circumstances of the commission by a person of crimes of a different category - medium gravity, grave or especially grave. In this case, the person is released from criminal liability only when this is specifically indicated in the articles of the Special Part of the Criminal Code of the Russian Federation. 43. Release from criminal liability in connection with reconciliation with the victim and in connection with the expiration of the statute of limitations Exemption from criminal liability due to reconciliation with the victim (Article 76 of the Criminal Code of the Russian Federation) is allowed in relation to a person who has committed a crime of small or medium gravity for the first time, if he has reconciled with the victim and made amends for the harm caused to the victim. Reconciliation with the victim is possible only for the crimes specified in Art. 20 part 2 of the Code of Criminal Procedure of the Russian Federation (Articles 115, 116, 129, 130 of the Criminal Code of the Russian Federation), which are initiated only on the basis of a complaint by the victim. Reconciliation is allowed only until the court retires to the deliberation room for a verdict. Exemption from criminal liability in connection with the expiration of the statute of limitationsUnder the statute of limitations for prosecution is understood as the expiration of the period established by law, which eliminates the possibility of bringing a person to criminal liability. Exemption from criminal liability in connection with the expiration of the statute of limitations is allowed in respect of a person if the following periods have expired from the day he committed the crime: - two years after the commission of a crime of minor gravity; - six years after the commission of a crime of medium gravity; - ten years after committing a serious crime; - fifteen years after the commission of a particularly serious crime (Article 78 of the Criminal Code of the Russian Federation). Conditions for exemption from criminal liability in connection with the expiration of the statute of limitations: - the limitation period established by law has expired (Part 1, Article 78 of the Criminal Code of the Russian Federation); - the person during this period will not commit a new crime; - the person does not evade investigation and trial. The statute of limitations is calculated from the day the crime was committed until the moment the court verdict enters into force. When preparing for a crime or an attempt on it, the limitation period shall be calculated from the moment of performing the actions constituting the preparation or attempt. In the case of a continuing crime consisting of homogeneous criminal acts, the limitation period shall be calculated from the date of commission of the last criminal act related to the given ongoing crime. In case of ongoing crimes, the calculation of the limitation period begins from the moment the criminal act ceases (surrender) or its suppression (detention of the offender). If a person commits a new crime, the statute of limitations for each crime is calculated independently. 44. The concept and types of exemption from punishment. Parole from serving a sentence. Replacing the unserved part of the punishment with a milder one Release from punishment - a criminal law institution applied by the court after a guilty verdict against a person found guilty of committing crimes of any category, and entailing his release from punishment in general or from further execution. Types of release from punishment: - parole (Article 79 of the Criminal Code of the Russian Federation); - replacement of the unserved part of the punishment with a milder punishment (Article 80 of the Criminal Code of the Russian Federation); - in connection with a change in the situation (Article 80.1 of the Criminal Code of the Russian Federation); - due to illness (Article 81 of the Criminal Code of the Russian Federation); - Postponement of serving sentences for pregnant women and women with young children (Article 82 of the Criminal Code of the Russian Federation); - in connection with the expiration of the statute of limitations for a guilty verdict (Article 83 of the Criminal Code of the Russian Federation); - as a result of the amnesty (Article 84 of the Criminal Code of the Russian Federation); - as a result of a pardon (Article 85 of the Criminal Code of the Russian Federation). 1. Parole from serving a sentence (Article 79 of the Criminal Code of the Russian Federation) - a type of conditional release from punishment applied by the court in relation to a person serving content in a disciplinary military unit or deprivation of liberty, when it is recognized that for his correction the convict does not need to fully serve his sentence. Grounds for parole - conviction of the court that the convicted person does not need to fully serve the sentence imposed by the court for his correction. Condition of early release - obligatory serving by him of a certain part of the appointed punishment. The size of this part is determined in Art. 79 of the Criminal Code of the Russian Federation based on the gravity of the crime committed. So, you need to leave at least 1/3 the term appointed for a crime of small or medium gravity; at least 1/2 term - for a serious crime; at least 2/3 term for a particularly serious crime. Applying parole from punishment, the court may impose on the person the obligations provided for by Part 5 of Art. 73 of the Criminal Code of the Russian Federation, which they must fulfill during the remaining unserved part of the sentence. 2. Replacing the unserved part of the punishment with a milder one (Article 80 of the Criminal Code of the Russian Federation) - an unconditional type of release from punishment applied by the court in relation to a person serving a sentence of imprisonment for a crime of small or medium gravity, taking into account his behavior and after he actually served at least one third of the sentence. 45. Exemption from punishment in connection with a change in the situation and in connection with illness. Amnesty and pardon 1. Exemption from punishment due to a change in the situation (Article 80.1 of the Criminal Code of the Russian Federation) is allowed in relation to a person who has committed a crime of small or medium gravity for the first time, if it is established that, due to a change in the situation, this person or the act committed by him has ceased to be socially dangerous. A change in the situation should be understood as a change not only in the social and political conditions in the country, but also a change in the specific situation in a particular region, district, locality, at an enterprise, in an institution, as well as a change in the circumstances characterizing the identity of the perpetrator and the degree of his danger in connection with with their crime. For example, a person committed an illegal felling of a forest, and after the crime this area of the forest burned out during a forest fire; after committing a crime, the minor moved with his parents to a new place of residence and found himself outside the criminogenic influence. 2. Exemption from punishment due to illness (Article 81 of the Criminal Code of the Russian Federation) - a type of exemption from punishment applied by the court in relation to a person who, after committing a crime, has a mental disorder that deprives him of the opportunity to realize the actual nature and social danger of his act or to manage it, or a person who has fallen ill with another serious illness preventing the serving of the sentence. Compulsory measures of a medical nature may be imposed on such persons by the court, and in case of recovery, they may be subject to criminal liability, if the statute of limitations provided for in Art. 78, 83 of the Criminal Code of the Russian Federation. Амнистия - a type of exemption from criminal liability and punishment, declared by the State Duma of the Federal Assembly of the Russian Federation in relation to an individually undefined circle of persons (Article 84 of the Criminal Code of the Russian Federation). Legal consequences of the amnesty act: - exemption from criminal liability; - exemption from punishment; - reduction of punishment; - replacing the punishment with a milder one; - exemption from additional punishment; - removal of a criminal record. Pardon - the type of release from punishment carried out by the President of the Russian Federation in relation to an individually defined person convicted of a crime (Article 85 of the Criminal Code of the Russian Federation). Criminal legal consequences of the act of pardon: - release from further punishment; - reduction of punishment; - replacement of punishment with a milder form; - removal of a criminal record. 46. Postponement of serving sentences for pregnant women and women with young children. Exemption from punishment in connection with the expiration of the limitation period for a guilty verdict of a court 1. Postponement of serving sentences for pregnant women and women with young children (Article 82 of the Criminal Code of the Russian Federation), - a type of exemption from punishment applied by the court in relation to convicted pregnant women and women with children under the age of 14, except for those sentenced to imprisonment for more than five years for grave and especially grave crimes against a person , and entailing a postponement of the actual serving of the sentence until the child reaches the age of 14. If the convict, whose punishment was suspended, abandoned the child or continues to evade the upbringing of the child after a warning announced by the body exercising control over her behavior, the court may, on the proposal of this body, cancel the delay and send the convicted woman to serve the sentence to the place appointed by the court's verdict . When a child reaches the age of 14, the court makes one of the following decisions: - releases the convict from serving the remaining part of the sentence; - replaces the rest of the punishment with a milder type of punishment. When a new crime is committed during the period of deferral of serving the sentence, the court appoints the convict punishment according to the rules provided for by Art. 70 of the Criminal Code of the Russian Federation. 2. Release from serving a sentence in connection with the expiration of the limitation period for a guilty verdict of a court (Article 83 of the Criminal Code of the Russian Federation) - a type of exemption from punishment applied by the court in relation to a person convicted of a crime, if the conviction of the court was not carried out within the time limits specified in Part 1 of Art. 83 of the Criminal Code of the Russian Federation, from the date of its entry into force. The statute of limitations for the execution of a guilty verdict of a court is understood as the expiration of the period established by law, which eliminates the possibility of applying the punishment imposed by the court to a person convicted of a crime. The basis for applying the limitation period for the execution of a guilty verdict is the loss or significant decrease in the danger of the convicted person after a certain period of time, which makes it inappropriate to apply punishment to him. Conditions for release from punishment in connection with the expiration of the statute of limitations: the statute of limitations has expired; the person during this period will not commit a new crime; the person does not evade punishment. The statute of limitations for the execution of a guilty verdict The criminal law determines depending on the severity of the crime committed. The issue of applying the statute of limitations to a person sentenced to death or life imprisonment shall be decided by the court. For crimes against the peace and security of mankind, under Art. 353, 356, 357 and 358 of the Criminal Code of the Russian Federation, the statute of limitations does not apply. 47. The concept of a criminal record. Repayment and removal of a criminal record. Coercive measures of educational influence Previous conviction - the criminal-legal consequence of a guilty verdict, which determines the special legal status of a person found guilty of a crime by a court and sentenced to criminal punishment. Conviction is not a permanent condition, but lasting for a certain time. A person convicted of a crime is considered to be convicted from the day the guilty verdict enters into legal force until the moment the conviction is canceled or expunged. A person released from punishment is considered not convicted. The criminal-legal meaning of a criminal record arises for the convicted person only when he commits a new crime. Expiration of a criminal record - automatic termination of its action after the expiration of the period established by criminal law without a court decision on this issue (part 3 of article 86 of the Criminal Code of the Russian Federation). Removal of criminal record - adoption of a special decision by the court to terminate the criminal consequences of punishment. It is carried out at the request of the convict after serving the sentence until the expiration of the term for the redemption of the conviction. Coercive measures of educational influence - measures of state coercion, assigned to a minor with the aim of re-educating and preventing him from committing new crimes, which entails his release from criminal liability or punishment. Types of such measures: 1. Warning - an explanation of the harm caused by the act and the consequences of the repeated commission of crimes. 2. Transfer under parental supervision - imposing on parents or persons replacing them, or on a specialized state body, the obligation to educate a minor and control his behavior (established for a period of one month to two years - in the case of a crime of minor gravity, for a period of six months to three years - if the crime is of medium gravity). 3. Assignment of the obligation to make amends for the harm caused taking into account the property status of the minor and the availability of relevant labor skills. 4. Restriction of leisure and establishment of special requirements for the behavior of a minor may include: - prohibition of visiting certain places, using certain forms of leisure; - restriction of stay outside the home after a certain time of day, travel to other areas without the permission of a specialized body; - the requirement to return to an educational institution or find a job (the list of restrictions and requirements is not exhaustive) (set for a period of one month to two years - for a crime of minor gravity, for a period of six months to three years - for a crime of medium gravity). 48. Features of criminal liability and punishment of minors Peculiarities of criminal liability of minors are manifested in the fact that they can be punished or forced measures of educational influence are applied. Features of the punishment of minors are that the criminal law establishes a reduction in the types and sizes of punishments for minors (Article 88 of the Criminal Code of the Russian Federation). Types of punishments for minors: - a fine (from 1 to 50 rubles, or in the amount of the salary or other income of the convict from two weeks to six months); - deprivation of the right to engage in certain activities; - Compulsory work (from forty to one hundred and sixty hours); - correctional labor (up to one year); - Arrest is assigned to sixteen-year-olds (from one to four months); - imprisonment (for persons under the age of 16 who have committed a serious crime - no more than six years, and for the same age category who have committed a particularly serious crime, and for other minors - no more than 10 years). Exemption from criminal liability of minors - applied by the body of inquiry, investigator, prosecutor or court, exemption from criminal liability of a minor guilty of a crime of small or medium gravity, with the use of coercive measures of educational influence (Article 90 of the Criminal Code of the Russian Federation). Release from punishment of minors - applied by the court after a guilty verdict, the release from punishment of a minor guilty of committing a crime of small, medium gravity, as well as a serious crime, with the use of coercive measures of educational influence or placement in a special educational and educational institution of a closed type (Article 92 of the Criminal Code of the Russian Federation). Minors who have committed the following crimes are not subject to release from punishment: Parts 1 and 2 of Art. 111; Part 2 Art. 117; Part 3 Art. 122; Art. 126; Part 3 Art. 127; Part 2 Art. 131; Part 2 Art. 132; Part 4 Art. 158; Part 2 Art. 161; Parts 1 and 2 of Art. 162; Part 2 Art. 163; Part 1 Art. 205; Part 1 Art. 205.1; Part 1 Art. 206; Art. 208; Part 2 Art. 210; Part 1 Art. 211; Parts 2 and 3 of Art. 223; Parts 1 and 2 of Art. 226; Part 1 Art. 228.1; Parts 1 and 2 of Art. 229 of the Criminal Code of the Russian Federation. Conditional early release from serving a sentence of minors sentenced to deprivation of liberty, may be applied after they have actually departed: - at least one third of the term of punishment imposed by the court for a crime of small or medium gravity or a serious crime; - not less than two thirds of the term of punishment imposed by the court for a particularly grave crime. Grounds for parole of a minor from serving a sentence - recognition by the court that for his correction a person does not need to fully serve the sentence imposed by the court. 49. Compulsory medical measures Compulsory medical measures - measures of state coercion, appointed by the court without determining their duration, which are not punishment and do not pursue the goal of correcting persons who have committed crimes, but aimed at curing them or improving their mental state and preventing them from committing new acts provided for in the Criminal Code of the Russian Federation. Purposes of compulsory medical measures: - curing persons or improving their mental state; - prevention of new crimes. Compulsory measures of a medical nature may be imposed by a court on persons: committed acts in a state of insanity; who, after the commission of the crime, developed a mental disorder that makes it impossible to impose or carry out punishment; committed crimes and suffering from mental disorders that do not exclude sanity. Types of compulsory medical measures: 1. Outpatient compulsory observation and treatment by a psychiatrist - a measure aimed at curing a person who, due to his mental state, does not need to be placed in a psychiatric hospital, which consists in a systematic visit to a psychiatrist. 2. Compulsory treatment in a general psychiatric hospital - a measure aimed at curing a person who, due to his mental state, needs inpatient treatment and observation, but does not require intensive observation. 3. Compulsory treatment in a specialized psychiatric hospital - a measure aimed at curing a person who, due to his mental state, requires constant monitoring. 4. Compulsory treatment in a psychiatric hospital of a specialized type with intensive supervision - a measure aimed at curing a person who, due to his mental state, poses a particular danger to himself or others and requires constant and intensive monitoring. Extension of compulsory medical measures - a court decision on the continuation of the application of coercive measures of a medical nature, adopted on the basis of an examination by a commission of psychiatrists of a person whose condition has not changed. Change of compulsory medical measures - a court decision to change compulsory measures of a medical nature, adopted on the basis of an examination by a commission of psychiatrists of a person whose condition has improved or worsened. Termination of compulsory medical measures - a court decision to terminate the application of compulsory medical measures, adopted on the basis of an examination by a commission of psychiatrists of a person whose condition does not require the application of the prescribed measure. 50. Confiscation of property Confiscation of property - forced gratuitous conversion by a court decision into the ownership of the state of property used to commit crimes or obtained as a result of their commission. Property subject to foreclosure: - money, valuables and other property obtained as a result of the commission of crimes specified in Part 1 of Art. 104.1 of the Criminal Code of the Russian Federation, and any income from this property, with the exception of property and income from it, subject to return to the rightful owner; - money, valuables and other property, as well as income from this property, into which the property obtained as a result of the commission of a crime has been partially or completely converted or transformed; - money, valuables and other property used or intended for the financing of terrorism, an organized group, an illegal armed group, a criminal community (criminal organization); - tools, equipment or other means of committing a crime belonging to the accused. Crimes for which confiscation may be imposed: - against a person (art. 105 part 2, 111 part 2, 126 part 2, 127.1, 127.2, 146, 147 of the Criminal Code of the Russian Federation); - in the sphere of economy (Articles 164, 184 parts 3 and 4, 186, 187, 188, 189, 204 parts 3 and 4 of the Criminal Code of the Russian Federation); - against public safety and public order (Art. 205, 205.1, 205.2, 206, 208, 209, 210, 212, 222, 227, 228.1, 229, 231, 232, 234, 240, 241, 242, 242.1 of the Criminal Code of the Russian Federation) ; - against state power (Articles 275, 276, 277, 278, 279, 281, 282.1, 282.2, 285, 290 of the Criminal Code of the Russian Federation); - against the peace and security of mankind (art. 355, 359 part 3 of the Criminal Code of the Russian Federation). Types of confiscation: Confiscation in kind is the forced gratuitous circulation of money, valuables and other property directly used to commit crimes or obtained as a result of their commission (Article 104.1 of the Criminal Code of the Russian Federation). Confiscation in monetary terms is a forced gratuitous transfer, by a court decision, to the ownership of the state of a sum of money corresponding to the value of an item that, at the time of the decision by the court, cannot be confiscated due to its use, sale, or for any other reason (Article 104.2 of the Criminal Code of the Russian Federation). Compensation for the damage caused - actions aimed at monetary compensation for the harm caused by the crime, carried out at the expense of the property of the accused, including that which is subject to confiscation. 51. The concept of a special part of criminal law, its meaning and tasks. The unity of the special and the general parts. The system of the special part of criminal law Special part of criminal law - this is a system of norms established by criminal law that define an exhaustive list of socially dangerous acts, their signs, as well as the types and limits of punishments provided for their commission. Features of the Special Part: - the system of norms established by criminal law; - establishes an exhaustive list of crimes; - defines the limits of punishment. Meaning of the Special Part: - exhaustively and accurately describes the components of crimes; - only the corpus delicti is the basis of criminal liability; - the limits and types of punishment for a specific crime are clearly defined; - elements of crimes are arranged depending on the importance of interests (of a person, society, state). Tasks of the Special Part - protection of the most important public relations, protection of peace and security of mankind and prevention of crimes (general and private prevention). Protected from criminal attacks (Part 1, Article 2 of the Criminal Code of the Russian Federation): - human and civil rights and freedoms; - property; - public order and public safety; - environment; - the constitutional system of the Russian Federation. Unity of the General and Special Parts - this is their connection, expressed in the unity of tasks (part 1, article 2 of the Criminal Code of the Russian Federation). At the same time, on the basis of the norms of the General Part, the norms of the Special Part are applied, and the General Part is implemented through the Special Part. System of the Special Part of Criminal Law is a set of criminal law norms: - arranged in a manner justified by the interests of a person, society, state; - combined into sections and chapters on the basis of generic and specific objects; - defining signs of specific crimes; - Establishing the types and amounts of punishments. Principles of construction of the Special part: - the smallest element of the system - an article from which subsystems (sections and chapters) are formed; - the basis for association into sections is a generic object, into chapters - a specific object; - stability is ensured by a complex order of changes. Development of the system of the Special Part of Criminal Law is a process called: - change in social relations (political, economic, spiritual); - state and level of crime in the country; expressed: - in the introduction of new compounds (criminalization - Art. 127-1 of the Criminal Code of the Russian Federation); - in the exclusion of liability for acts that have ceased to be socially dangerous (decriminalization - Article 200 of the Criminal Code of the Russian Federation). 52. The concept, types and significance of the qualification of crimes. Crime Qualification Process Crime qualification - this is the establishment and legal consolidation of the identity between the signs of a committed act and the signs of a crime. Crime qualification - this: - the process of establishing signs of a particular crime in the act of a person; - the result of this activity is official recognition and consolidation in the relevant legal act. Qualification types: - official (legal) - legal assessment of the act in a specific criminal case by specially authorized bodies and officials (interrogating officer, investigator, prosecutor, court); - informal (doctrinal) - a legal assessment of a particular act, reflects the scientifically based views and opinions of the authors of monographs, textbooks, comments, judges in the decisions of the Plenum of the Supreme Court, students in practical classes. The value of proper qualification is that it: - ensures the protection of the interests of a person, society and the state; - ensures the implementation of a fair criminal law policy of the state; - allows you to give the deed an appropriate negative social assessment; - is an indispensable condition for the implementation of legality; - means the official recognition of the criminal law relations between the person who committed the crime and the state; - is a prerequisite for assigning a well-deserved punishment to the guilty; - ensures the objectivity of judicial statistics for the development of effective measures to prevent crime. Crime Qualification Process is a complex mental activity, subject to the laws of logic and consisting of several successive stages. Stages of the qualification process is the setting: - the actual circumstances of the case about the committed act and the subject of the crime; - a criminal law norm providing for a qualified act; - Identity of signs of a qualifying socially dangerous act to the signs of a certain corpus delicti. 53. Competition of norms, its types and varieties Competing norms - this is a situation where a socially dangerous act falls under the signs of several criminal law norms, although one crime has been committed. Types of competition: - general and special norms; - special rules; - parts and the whole. Competition between general and special rules - this is a situation when a socially dangerous act falls under the signs of a general rule (providing for a certain range of acts - Art. 158 of the Criminal Code of the Russian Federation) and a special rule (providing for varieties of the same acts - Art. 226 of the Criminal Code of the Russian Federation). Varieties of competition of general and special rules: - competition between two or more articles, one general and the other special; - competition between the main and qualified composition provided for in different parts (paragraphs) of the same article; - competition between the main composition and compositions with extenuating circumstances. Qualification rule: when general and special rules compete, the special rule applies. Special regulation competition - this is a situation where a socially dangerous act falls under the signs of two special rules. Varieties of competition of special rules: - competition between qualified and highly qualified teams; - qualification rule: the composition that provides for a more severe punishment is applied; - competition between aggravated offense and mitigating offense. Qualification rule: extenuating circumstances apply. Competition between part and whole - this is a situation when a socially dangerous act falls under the signs of two or more norms, where one norm covers the act as a whole (Article 162, part 4, paragraph "c" of the Criminal Code of the Russian Federation), and the other only part of it (Article 111, part 1 of the Criminal Code of the Russian Federation). Qualification rule: the rule that most fully covers the offense is applied. 54. A group of persons, a group of persons by prior agreement or an organized group. Crime causing by negligence death and other grave consequences group of people - a group in which the joint actions of two or more co-perpetrators without prior agreement, committed with direct or indirect intent, are aimed directly at committing a crime. Group of persons by prior agreement - persons have agreed in advance on the joint commission of a crime. Pre-agreed joint actions of two or more co-perpetrators with direct intent are aimed directly at the commission of a crime. Co-executors - persons who perform the objective side of the crime (in relation to murder - persons who directly participated in the deprivation of the victim of life and exerted appropriate physical pressure on him, for example, held the victim by the hands, while another stabbed her). Preliminary collusion - this is an agreement of persons on the joint commission of a crime, reached in any way before the start of the implementation of the objective side of the crime. As a general rule, the insane and persons who have not reached the age of criminal responsibility cannot legally be part of the group. The exception is robbery, robbery, rape committed by a group of persons, where this rule does not apply. In cases where there is a division of roles, the organizers of this crime, instigators and accomplices who did not fulfill the objective side of the crime, but contributed to its commission by other persons, are not responsible for the crime committed by a group of persons. Organized group - a stable group of people who have previously united to commit one or more crimes. The actions of any members of an organized group are qualified as joint performance. The death of the victim or other grave consequences must be the result of the crime being committed, that is, there must be a causal relationship between them, while additional qualifications under Art. 109 of the Criminal Code of the Russian Federation is not required. On this basis, those cases are also qualified when the victim himself causes serious harm to his health or death (for example, breaking down from the top floor when trying to move to the balcony of a neighboring apartment). If the death of the victim occurs as a result of intentional harm to his health, then the deed requires additional qualification under Part 4 of Art. 111 of the Criminal Code of the Russian Federation. Death must be caused negligently; if intentional infliction of death occurs, then the deed requires additional qualification. Other serious consequences - this is an evaluative sign that should be established by the law enforcement officer in each specific case, this sign is not defined by the legislator (suicide of the victim, death of his relatives). 55. Crime committed with the use of violence or with the threat of its use The Special Part of the Criminal Code of the Russian Federation uses various phrases related to the term "violence": - "with the use of violence" (clause "c" part 2 of article 163 of the Criminal Code of the Russian Federation) or "with the use of violence or with the threat of its use" (clause "e" of part 2 of article 127-1 of the Criminal Code of the Russian Federation); - "with the use of violence not dangerous to life or health, or with the threat of such violence" (clause "c" part 2 of article 161 of the Criminal Code of the Russian Federation); - "with the use of violence dangerous to life or health, or with the threat of such violence" (part 1 of article 162 of the Criminal Code of the Russian Federation). According to the general rule the commission of a crime with the use of violence means beatings (Article 116 of the Criminal Code of the Russian Federation), torture (Article 117 of the Criminal Code of the Russian Federation), intentional infliction of minor bodily harm (Article 115 of the Criminal Code of the Russian Federation), intentional infliction of moderate harm (Article 112 of the Criminal Code of the Russian Federation) , infliction of grievous bodily harm (Article 111 of the Criminal Code of the Russian Federation), as well as the infliction of these types of bodily harm through negligence. Violence (jurisprudence) - intentional infliction of minor bodily harm (Article 115 of the Criminal Code of the Russian Federation), beatings (Article 116 of the Criminal Code of the Russian Federation), threats to kill or cause grievous bodily harm (Article 119 of the Criminal Code of the Russian Federation). If intentional harm of moderate severity is inflicted (Article 112 of the Criminal Code of the Russian Federation), intentional serious harm to health (Article 111 of the Criminal Code of the Russian Federation), murder (Article 105 of the Criminal Code of the Russian Federation), then the deed requires additional qualification. Threat - mental impact on the victim, expressed in the intention to use violence against him. A crime committed with the use of violence dangerous to life or health, or with the threat of such violenceViolence dangerous to life or health, - the actual infliction of severe, moderate or slight bodily harm to the victim or, at the time of the use of violence, the creation of a real danger to his life or health (targeted blows to vital organs, blocking the airways, pushing him out of the vehicle on the move, dropping him from a height). A crime committed with the use of violence not dangerous to life or health, or with the threat of such violenceViolence that is not dangerous to life and health, - inflicting beatings on the victim or committing other violent acts that caused physical pain, but did not entail consequences in the form of minor bodily harm (Article 115 of the Criminal Code of the Russian Federation). Physical violence can be expressed in beatings, individual blows, infliction of abrasions, bruises, bruises, causing physical pain by wringing hands, performing painful techniques of sambo, karate and other martial arts, tight painful binding of limbs with a rope, cord, wire, aggressive actions, such as such as knocking the victim down with a tripod, tipping her to the ground, holding her with a grip, tearing out earrings from the woman’s ears with damage to the earlobe, forcible deprivation or restriction of freedom of movement and action. 56. Crime committed using one's official position; with the use of weapons or objects used as weapons; against a known minor 1. Use of official position - use for the commission of a crime the powers of an official or a person performing managerial functions in a commercial or other organization. A person who performs managerial functions in a commercial or other organization, - a person who permanently, temporarily or by special authority performs organizational and administrative or administrative and economic duties in a commercial organization, regardless of the form of ownership, as well as in a non-profit organization that is not a state body, local self-government body, state or municipal institution. Должностные лица - persons who permanently, temporarily or by special authority perform the functions of a representative of power or perform organizational, administrative, administrative and economic functions in state bodies, local governments, state and municipal institutions, as well as in the Armed Forces of the Russian Federation, other troops and military formations of the Russian Federation . 2. Use of weapons - use in the commission of a crime of any firearms, cold steel, gas (pistols, revolvers) weapons, as well as other items. Firearms - a weapon designed to mechanically hit a target at a distance with a projectile that receives directed movement due to the energy of a powder or other charge. Steel arms - a weapon designed to hit a target with the help of human muscle power in direct contact with the target. Items used as weapons - items specially made or adapted to inflict bodily harm (for example, a piece of rubber hose filled with lead), or household items capable of causing death or bodily injury, regardless of whether they were prepared by the criminals in advance or were taken on the spot crimes. Gas cartridges are classified as weapons provided that their use is capable of causing harm dangerous to life or health (nerve gas). Items that mimic weapons - objects that look like weapons, but do not have damaging properties (a plastic pistol, a rubber dagger). If a robbery is committed using objects that imitate weapons, and the victims perceive it as a real weapon, then the act will be qualified under Art. 162 part 1 of the Criminal Code of the Russian Federation, and if they knew that this was not a real weapon, then according to Art. 161 of the Criminal Code of the Russian Federation. 3. Minor - a person under the age of eighteen at the time of the commission of a crime against him. Knowingness assumes that the perpetrator must reliably know that the victim is a minor. 57. Murder of two or more persons. Murder of a person or his relatives in connection with the performance of this person's official activities or the performance of a public duty Murder of two or more persons (the main feature is the unity of intent) - a set of several murders committed simultaneously or over a short period of time and covered by a single criminal intent of the perpetrator. If the actions of the perpetrator were covered by unity of intent and committed, as a rule, simultaneously, when the murder of two or more persons was committed at different times and was not covered by the single criminal intent of the perpetrator, the deed is qualified as two murders. The unity of criminal intent in some cases may be evidenced by the same motive for the deprivation of life of several persons. With murder at different times - a single intent is only direct. With simultaneous murder, a single intent: - direct to the murder of two or more persons; - indirect for the murder of two or more persons; - direct to the murder of one and indirect to the murder of other persons (when killing in a generally dangerous way). If the intent of the perpetrator was aimed at depriving the life of two or more persons, and there was a murder of one person and an attempt on the life of another, then this cannot be considered as a completed crime (murder of two or more persons), since the criminal intent to kill two persons is not was carried out due to circumstances beyond the control of the perpetrator. In these cases, as the Plenum of the Supreme Court of the Russian Federation pointed out, the deed should be qualified under Part 1 or 2 of Art. 105 of the Criminal Code of the Russian Federation and Art. 30 and p. "a" part 2 of Art. 105 of the Criminal Code of the Russian Federation. official activity - any activity of the victim, which is part of his official duties, arising from an employment contract with enterprises, institutions and organizations of any form of ownership, registered in the prescribed manner, if their activities do not contradict the legislation of the Russian Federation. public duty - this is the implementation by a citizen of both the duties specially assigned to him, and the commission of other actions in the interests of society or individuals. close faces - these are close relatives (parents, children, adoptive parents, adopted children, siblings, grandfather, grandmother, grandchildren), spouses (cohabitants), as well as other persons whose interests are dear to the victim (for example, other relatives, fiance, bride, lover, mistress, friends, etc.). The subjective side - direct intent. Goal - obstruction of lawful activity or revenge for such activity. According to paragraph "b" part 2 of Art. 105 of the Criminal Code of the Russian Federation, only the murder of such a person who acted lawfully, on legal grounds, should be qualified. 58. Murder of a person who is known to be in a helpless state, as well as accompanied by kidnapping or hostage-taking; murder of a woman known to be pregnant 1. Helpless state - the inability of the victim to resist the attack due to the lack of awareness of what is happening to him due to infancy, deep sleep, severe intoxication, fainting, unconsciousness or the inability to resist the killer due to lack of physical ability - old age, serious illness. According to judicial practice the state of sleep is not recognized as a helpless state, since this is considered a natural exercise of physiological needs, as well as a strong degree of intoxication, in which the victim reacted to external stimuli. 2. The murder of a woman who is known to the perpetrator to be in a state of pregnancy. Knowledge implies that the perpetrator knows for certain that the victim is pregnant. The perpetrator's awareness of the pregnancy is based on: - on their own visual observation; - on familiarization with official documents (issued by a medical institution); - on the message of the victim herself. The subjective side - only direct intent. If the perpetrator proceeds from the erroneous assumption that the victim is pregnant, the deed must be qualified on the basis of a combination of two crimes - attempted murder of a woman known to the perpetrator to be pregnant, and murder completed by simple or other aggravating circumstance. 59. Murder committed with special cruelty; in a generally dangerous way 1. Special brutality of the murder - this is a sign of a qualified murder, expressed in the method, circumstances of the commission and in the special cruelty of the killer's personality (heartlessness, ruthlessness, ferocity and ruthlessness). Varieties of special cruelty: - a method of killing associated with causing special physical suffering (inflicting a large number of bodily injuries, using a painfully acting poison, burning alive, prolonged deprivation of food, water, etc.); - a manifestation of sadism before committing a murder (torture, torment, mockery of the victim, except for the dismemberment of a corpse for the purpose of concealment); - infliction of moral suffering to the relatives of the victim in whose presence the murder is committed. 2. Commonly dangerous method - these are techniques and methods that, by their nature, create a danger of causing death not only to the victim, but to at least one other person. Types of generally dangerous methods: - by explosion, arson, flooding, collapse, destruction of buildings and structures in places where other people may be; - shots into the crowd; - organization of a car accident in which several people were traveling; - Poisoning water or food shared by others; - gassing many people; - the use of other sources of increased danger. The subjective side - direct or indirect intent. 60. Murder for mercenary motives or for hire, as well as associated with robbery, extortion or banditry; homicide Murder for selfish motives - deprivation of the life of a person with a mercenary motive aimed at obtaining material benefits or getting rid of material costs that arise before the moment of the murder and caused it. Murder for Hire - deprivation of human life by the performer, who receives material or other reward for this. Murder associated with robbery, extortion or banditry, - deprivation of human life in the process of committing these crimes. The actions of the perpetrators are qualified according to the totality of crimes. Hooligan murder - deprivation of a person's life on the basis of obvious disrespect for society and generally accepted norms of morality, when the behavior of the perpetrator is an open challenge to public order and is conditioned by the desire to oppose himself to others, to demonstrate a dismissive attitude towards them. Hooligan motives are expressed in the desire to openly oppose their behavior to public order, public interests, to demonstrate cynicism, cruelty, insolence, to commit violence and outrage, to show brute force and drunken "daring", to take revenge on someone for a clearly insignificant offense, a justly made remark about unworthy behavior in public place, etc. If the instigator and the active party in the quarrel or fight is the victim who provoked the collision, if the cause of the conflict was the victim’s illegal or immoral actions or hostile personal relationships, then the murder cannot be qualified as committed out of hooligan motives. 61. Murder motivated by national, racial, religious hatred or enmity or blood feud; murder for the purpose of using the organs or tissues of the victim Murder based on national, racial, religious hatred or enmity - the desire of the perpetrator to inflict physical violence on the victim in connection with his national or racial affiliation or religion and thereby humiliate the honor and dignity of a particular nation, race or confession, as well as provoke national, racial or religious enmity or discord or revenge on the victim for disagreeing to support the nationalist or religious discrimination. The subjective side - direct intent or indirect intent (for example, arson of a temple in which there are people whose fate the subject is indifferent to). A murder motivated by blood feud due to the desire to take revenge on the offender or members of his family or clan for a genuine or imaginary insult inflicted on the killer or members of his family or clan (common in some republics of the North Caucasus (Chechnya, Ingushetia, Dagestan, Kabardino-Balkaria, North Ossetia)). By the subject such a crime can only be a person belonging to that nationality or group of the population where the tribal custom of blood feud is still found (it can also be committed outside the area where this custom is found). Killing for the use of organs or tissue of the victimUse of organs and tissues of the victim - removal of organs from the victim for various purposes (transplantation, cannibalism, sadism, sexual fetishism). The subjective side - direct intent. If the motives for the commission are predominantly mercenary in nature, the deed in such cases must be qualified under paragraphs "h" and "m" of Part 2 of Art. 105 of the Criminal Code of the Russian Federation. 62. Qualifying signs characteristic of crimes in the sphere of economy 1. Significant damage to a citizen. Significant damage to a citizen - an estimated formalized sign, is determined taking into account the property status of the victim, but cannot be less than 2500 rubles. 2. Large size and extra large size. Large size - the value of property in excess of 250 thousand rubles. Particularly large size - the value of property in excess of 1 million rubles. 3. Large damage and especially large damage. Major damage - property damage over 250 thousand rubles. Particularly large damage - property damage over 1 million rubles. Damage types: property or moral. Property damage - damage caused by a crime in the form of direct property damage, lost profits, disruption of an important transaction. Moral damage - non-property damage caused by unlawful actions, expressed in derogation of the dignity of the individual, infliction of moral and physical suffering, in undermining the reputation. 4. Illegal entry into a dwelling, premises or other storage. Entry - this is a secret or open intrusion into a dwelling, premises or other storage for the purpose of committing theft, robbery or robbery. Penetration methods: secretly with overcoming obstacles; openly with overcoming obstacles or physical resistance of people (guard, owner); with the help of devices that allow you to retrieve stolen items without entering the premises (hooks, "fishing rods", magnets, tongs). Dwelling place - an individual residential building with residential and non-residential premises included in it, residential premises, regardless of the form of ownership, included in the housing stock and suitable for permanent or temporary residence, as well as other premises or buildings that are not included in the housing stock, but intended for temporary residence . room - buildings and structures, regardless of the form of ownership, intended for the temporary location of people or the placement of material assets for production or other official purposes. Types of premises: - permanent (hospital, shop); - temporary (inflatable hangar, canvas tent, tent). Repositories - utility rooms, separated from residential buildings, areas of the territory, main pipelines, other structures, regardless of the form of ownership, which are equipped with a fence or technical means or provided with other protection and are intended for permanent or temporary storage of material assets. Other storages: - safes, steel cabinets; - refrigerators, freezers; - containers, guarded railway wagons or platforms; - yards of railway stations, sea or river cargo port, airport. 63. Crimes against life and health Crimes against life and health - Guilty committed socially dangerous acts, provided for in Ch. 16 of the Criminal Code of the Russian Federation, encroaching on human life and health. Types of crimes against life and health: - Crimes against life (Art. 105-110 of the Criminal Code of the Russian Federation); - crimes against health; - crimes endangering life and health. Species object - human life and health. Life - this is the physiological existence of a person, the beginning of which is the moment of physiological childbirth, and the completion is biological death. Physiological childbirth - a complex physiological process that ends the pregnancy, starting with the eruption of the head of the fetus emerging from the womb, and ending with the separation of the child from the mother and independent inspiration. biological death - these are irreversible processes of decay of brain cells, as a result of which it is impossible to restore the vital activity of the body. Life is an inalienable human right, therefore, not only cases of deprivation of life against the will of the victim, but also with his consent (euthanasia) are recognized as murder. Euthanasia - provision of assistance to a person in the end of life, at his request, by a doctor or a private person, including the termination of artificial life-sustaining measures. Health - This is the natural state of the body, characterized by the absence of any painful changes. The objective side Most crimes are committed in the form of actions. A number of crimes are committed by inaction, and some by both action and inaction. Most compositions are material by design, some are formal, and also formal-material. The subjective side Most of the compositions are characterized by an intentional form of guilt. Some crimes are committed through negligence. Double Guilt Crimes: Art. 111 h. 4 of the Criminal Code of the Russian Federation (intent to cause grievous harm and negligence to death), art. 124 of the Criminal Code of the Russian Federation. Subject in most compositions, general (from the age of 14 - articles 105, 111, 112 of the Criminal Code of the Russian Federation). Special Subjects: - mother of a newborn child; - a person suffering from a venereal disease; - carrier or patient with HIV infection; - a person obliged to provide assistance in accordance with the law or a special rule - doctors, leaders of tourist groups, specially assigned members of expeditions and wintering; - a person obliged to take care of a helpless person (parents, guardians, bodyguards), or a person who has put a person in a state of danger to life and health (a driver who knocked down a pedestrian, a leader of a tourist group). 64. Murder, its types Murder - this is the intentional infliction of death to another person (part 1 of article 105 of the Criminal Code of the Russian Federation). Types of murder: - simple murder (part 1 of article 105 of the Criminal Code of the Russian Federation); - murder under aggravating circumstances (part 2 of article 105 of the Criminal Code of the Russian Federation); - murder under mitigating circumstances (Article 106108 of the Criminal Code of the Russian Federation). Types of simple murder: - killing out of jealousy; - killing out of revenge (excluding blood feud); - murder in a fight or quarrel (in the absence of hooligan motives); - mercy killing (at the request of the victim and without it); - murder in the case of unlawful use of weapons by a representative of the authorities; - killing with premature necessary defense; - killing out of cowardice; - unreasonable murder. Object - human life. The objective side - an action (inaction) aimed at depriving the life of another person, resulting in his death. Action - a violation of the functions or anatomical integrity of the vital organs of another person (use of firearms, infliction of wounds, drowning, suffocation, poisoning, dropping from a height). Inaction - the perpetrator is obliged by virtue of the contract, labor or family relations to prevent the onset of death (the mother stops feeding the child). Finished since the death of the victim. The subjective side in the form of intent. Subject - general (from 14 years old). 65. Murder by a mother of a newborn child. Murder committed in a state of passion 1. Murder by the mother of a newborn child. Object - the life of a newborn baby. Objective side: - killing a newborn child during or immediately after childbirth (within XNUMX hours); - murder of a newborn child in a traumatic situation (up to 1 month); - murder in a state of mental disorder, not excluding sanity (up to 1 month). Traumatic situation - a situation caused by illegal or immoral actions of others (parents kicked out into the street with a child) or receiving bad messages (about the death of the child's father). Mental disorder, not excluding sanity, - Decrease in the ability to realize one's actions or manage them, caused by a traumatic situation or other reasons (a sharp deterioration in health caused by the process of childbirth). Finished since the death of a newborn child. The subjective side - intent. Subject special - the mother of a newborn child (from 16 years old). 2. Murder committed in a state of passion. Object - human life. The objective side - a murder committed in a state of sudden strong emotional agitation (affect) caused by violence, bullying or serious insult on the part of the victim or other illegal or immoral actions (inaction) of the victim, as well as a prolonged psycho-traumatic situation that arose in connection with a systematic illegal or immoral the behavior of the victim. Strong mental agitation (affect) - a short-term, but rapidly flowing mental reaction, during which consciousness and the ability to think are narrowed, and the ability to control one's actions is weakened. Violence - this is the infliction of physical (beating, causing harm to health) or mental (threat to cause harm to health and life) violence. Violence must be over (this excludes the necessary defense). Mockery - repeated violent actions against the victim, associated with gross humiliation of the honor and dignity of a person, with cynical trampling of his feelings, ridiculing ideals. Grave insult - a gross humiliation of the honor and dignity of a person, which, due to the circumstances and due to the individual characteristics of the perpetrator, was a sufficient reason for the emergence of strong emotional excitement. Illegal actions - commission by the victim of acts that grossly violate the norms of law (in front of the parents, the driver of the car violated the rules of the road and hit the child). Immoral actions - violation of moral norms accepted in this society (adultery, betrayal in the family). Prolonged psychotraumatic situation - unbearable conditions for a person living, working, studying, constant nervous tension. The subjective side - intent. Subject general (from 16 years old). 66. Murder committed in excess of the limits of necessary defense or in excess of the measures necessary to detain a person who has committed a crime. Causing death by negligence Object - human life. Objective side: - a murder committed when the limits of necessary defense were exceeded; - murder committed in excess of the measures necessary to detain the person who committed the crime. A murder committed while exceeding the limits of necessary defense, - the defender during the necessary defense deliberately resorted to protection by such means and methods that were clearly not caused either by the nature of the attack or the real situation, and unnecessarily deliberately caused the attacker's death (causing death in cases of necessary defense from violence that is not dangerous to life). Murder committed in excess of the measures necessary to detain the person who committed the crime, - causing death to a criminal who has committed a grave or especially grave crime and trying to escape, if there was a real opportunity to detain a person in another way, or causing death to a criminal who is resisting when the conditions for the legality of detention are exceeded. Finished since the death of the victim. The subjective side - intent. Subject general (from 16 years old). Causing death by negligence (Article 109 of the Criminal Code of the Russian Federation)Object - human life. The objective side - actions or omissions that violate generally accepted precautionary rules, as a result of which a person dies. Causing death through carelessness - the person foresaw the possibility of death as a result of his actions (inaction), but without sufficient grounds he arrogantly counted on its prevention (an arrogant attempt to hit an apple on his head with a pistol shot ends in death). Causing death by negligence - the person does not foresee the possibility of death as a result of his actions, although with due care and foresight, he should have and could have foreseen these consequences (switching off by the cleaning lady during cleaning, so as not to interfere, the plug of the artificial life support apparatus). Finished from the moment the victim died. The subjective side - imprudence. Subject general (from 16 years old). 67. Intentional infliction of grievous bodily harm Object - human health. The objective side (part 1) - active actions, as a result of which: - life-threatening harm has occurred; - there was a loss of vision, speech, hearing; - the organ is lost or the function of any organ is lost; - there was an indelible disfigurement of the face; - there was an abortion; - there was a mental disorder or a disease of drug addiction or substance abuse; - harm occurred that caused a significant permanent loss of general ability to work for at least 1/3 or, knowingly for the perpetrator, a complete loss of professional ability to work. Harm dangerous to human life, - damage to the body, which in itself threatens the life of the victim at the time of application or during its normal course (without medical assistance) ends in death (example: penetrating wounds of the skull, penetrating wounds of the spine, penetrating wounds of the pharynx, larynx, trachea, esophagus, abdominal wounds penetrating into the peritoneal cavity, damage to a large blood vessel, etc.). Loss of sight - complete permanent blindness in both eyes or a condition where there is a decrease in vision to counting fingers at a distance of two meters or less (visual acuity of 0,04 or less) (in one eye - entails a permanent disability of more than one third). loss of speech - loss of the ability to express one's thoughts in articulate sounds understandable to others. Hearing loss - complete deafness or such an irreversible condition when the victim does not hear spoken language at a distance of 3-5 cm from the auricle (hearing loss in one ear entails a permanent disability of less than one third and, on this basis, refers to a less severe bodily injury). permanent disfigurement of the face - damage that has caused such a change in the natural appearance of the face, which gives the appearance of the victim an extremely unpleasant, repulsive or intimidating appearance and the elimination of which requires surgical intervention (cosmetic or plastic surgery). A health disorder associated with a significant permanent loss of general ability to work, - loss for a long time or for life by the injured of the ability to work by more than 33%, is determined after the outcome of the injury according to a special table of percentages of disability (for children and the disabled, disability is determined on a general basis). Complete loss of professional ability to work - loss of a person's ability to perform specific types of professional activities that require special natural qualities and skills (work as a taster, playing a musical instrument). Finished since the infliction of grievous bodily harm. The subjective side in the form of intent. Subject general (from 14 years old). 68. Intentional infliction of moderate and minor harm to health Intentional infliction of moderate bodily harm. (Article 112 of the Criminal Code of the Russian Federation)Object - human health. The objective side (part 1) - active actions, as a result of which: - there has been harm that is not life-threatening; - harm occurred that caused a long-term health disorder or a significant permanent loss of general ability to work for less than 1/3. Harm, not dangerous to life, - any harm to health that did not entail the consequences specified in Art. 111 of the Criminal Code of the Russian Federation. Long-term health disorder is determined by the time spent on treatment (diseases, dysfunctions, etc.) lasting more than 21 days. Significant permanent loss of general ability to work for less than 1/3 the loss of such ability to work is considered to be from 10 to 33%. Finished from the moment of infliction of harm of moderate severity. The subjective side in the form of intent. Subject general (from 14 years old). Intentional infliction of minor bodily harm (Article 115 of the Criminal Code of the Russian Federation)Object - human health. The objective side - Intentional infliction of minor bodily harm. Short-term health disorder - a health disorder directly related to injury lasting at least six days, but not more than three weeks (21 days). Minor permanent loss of general ability to work - Persistent loss of general ability to work up to 10%. Finished from the moment of infliction of harm of minor gravity. The subjective side in the form of intent. Subject general (from 16 years old). Driving to suicideObject - human life. The objective side - actions or inaction of the perpetrator in the form of a threat, cruel treatment of the victim, systematic humiliation of his human dignity, which led to the suicide of this person or an attempt on his life. Threat - mental violence, expressed in the intention to commit any actions (deprive of housing, life, health, disclose unwanted information) or stop any actions (leave without patronage, care, material assistance). Victim abuse - infliction of physical suffering on the victim (deprivation of food and water, beating, deprivation of medical care, denial of housing). Systematic humiliation of human dignity - everyday insults, mockery of the victim, spreading false rumors about him. Finished since the infliction of suicide or attempted suicide. The subjective side - intent. Subject general (from 16 years old). 69. Beating and torture beating (Article 116 of the Criminal Code of the Russian Federation)Object - human health. The objective side - infliction of beatings or commission of other violent acts that caused physical pain, but did not cause slight harm to health. beating - infliction of many blows, as a result of which no damage to the anatomical integrity of the organs remains on the body of the victim, or a slight health disorder that lasts a short time (no more than 6 days) may be caused. Other violent acts that caused physical pain, - pinching, cutting, exposure to fire or other natural biological factors (use of animals and insects), if this is associated with causing physical pain. Finished since the beating. The subjective side in the form of intent. Subject general (from 16 years old). Torture (Article 117 of the Criminal Code of the Russian Federation)Object - human health. Objective side: infliction of physical or mental suffering by systematic beatings or other violent acts, if this did not cause moderate or severe bodily harm. Systematic - infliction of beatings or other violent acts three or more times during a calendar year. Other violent acts - these are any actions that are in the nature of torture and cause physical and mental suffering to the victim (pricking, pinching, burning, biting, flogging, tying up, deprivation of food, water, locking in a cold room). Mutual quarrel and exchange of blows are not torture. Finished from the moment of beating or other violent acts three or more times. The subjective side - intent. Subject general (from 16 years old). 70. Crimes against honor, freedom and dignity of a person Crimes against freedom, honor and dignity of a person - Guilty committed socially dangerous acts that encroach on the freedom, honor and dignity of the individual as a blessing that belongs to every person from birth. Types of crimes against freedom, honor and dignity of a person: - against personal freedom (Articles 126, 127, 127-1, 127-2, 128 of the Criminal Code of the Russian Federation); - against the honor and dignity of the individual (Articles 129, 130 of the Criminal Code of the Russian Federation). Species object - freedom, honor and dignity. Freedom - the ability to choose the location, movement, living in space at will. Honor - this is a moral category that is associated with the assessment of the individual in the eyes of others and reflects the specific social status of a person, the type of his activity and the recognition of his moral merits. Dignity - a special moral attitude of a person to himself, characterizing his reputation in society (prudence, worldview, moral qualities, education and level of knowledge, observance of the rules of the hostel and a decent lifestyle, etc.). The objective side All crimes are committed in the form of action. All compositions are formal by design. The subjective side of all compositions is characterized by direct intent. Goal - exploitation (Article 127-1 of the Criminal Code of the Russian Federation). Subject in most compositions, general (from the age of 14 - article 126 of the Criminal Code of the Russian Federation). Special subject - a psychiatrist (Article 128 Part 2 of the Criminal Code of the Russian Federation). 71. Abduction of a person; unlawful deprivation of liberty; human trafficking 1. Abduction of a person (Article 126 of the Criminal Code of the Russian Federation). Object - personal freedom. The objective side - capture and transfer of a person to another place against his will. Захват - committed secretly, openly or by deceit, the removal of a person from the natural environment against his will. Moving - movement of a person to another place. Finished from the moment the person was captured and moved to another place. The subjective side - direct intent. Subject general (from 14 years old). 2. Unlawful deprivation of liberty (Article 127 of the Criminal Code of the Russian Federation). Illegal imprisonment - deprivation of the victim of a real opportunity to move in unlimited space at will. Object - personal freedom. The objective side - forcible retention of a person by locking him in a room, tying him up, forcibly detaining him. Finished from the moment of actual deprivation of liberty, regardless of the duration of the victim's stay in captivity. The subjective side - direct intent. Subject general (from 16 years old). 3. Human trafficking - a set of actions related to the circulation of bonded people. Object - personal freedom. Objective side: 1) purchase and sale; 2) recruitment, transportation, transfer, harboring or receipt, committed for the purpose of his exploitation. Finished from the moment the action was taken. The subjective side - direct intent. Subject general (from 16 years old). 72. Use of slave labor; illegal placement in a psychiatric hospital; slander 1. Use of slave labor (127-2 of the Criminal Code of the Russian Federation). Object - personal freedom. The objective side - the use of the labor of a person who cannot refuse to work for reasons beyond his control in connection with servitude. Finished from the moment the action was taken. The subjective side - direct intent. Subject general (from 16 years old). 2. Illegal placement in a psychiatric hospital (128 of the Criminal Code of the Russian Federation). Object - personal freedom. The objective side - illegal placement in a psychiatric hospital. Illegal placement in a psychiatric hospital - violation of the procedure established by law for placing a person in a psychiatric hospital who does not need psychiatric treatment. Finished from the moment of admission to a psychiatric hospital. The subjective side - direct intent. Subject general (from the age of 16), part 2 - psychiatrist. 3. Slander (Article 129 of the Criminal Code of the Russian Federation). Slander - dissemination of deliberately false information that discredits the honor and dignity of another person or undermines his reputation. Object - honour and dignity. The objective side - dissemination orally, in writing or in the form of an image of deliberately false information that discredits the honor and dignity of another person or undermines his reputation. Dissemination of knowingly false information - this is a message of fictitious or distorted information about another person, his actions or statements to at least one person. defamatory information - untrue information that contains allegations of a violation by a citizen of the current legislation or moral principles (committing a dishonest act, improper behavior in a team, everyday life and other information that discredits production, economic and social activities, reputation) and detracts from his honor and dignity. Reputation - the status of a person in society, the representation of other people about him or the representation of himself in his own mind. Finished from the moment of communication of defamatory information to at least one person. The subjective side - direct intent. Subject general (from 16 years old). 73. Insult. Crimes against sexual freedom and sexual inviolability Insult (Article 130 of the Criminal Code of the Russian Federation) - humiliation of the honor and dignity of another person, expressed in an indecent form. Object - honour and dignity. The objective side - humiliation of the honor and dignity of another person, expressed in an indecent form: orally (in the form of curses or obscene nicknames), in writing (in the form of notes or letters of indecent content) and in the form of gestures (slap, spit, obscene gesture). Humiliation of honor and dignity - this is a negative assessment of the personality, discrediting a person, undermining his moral prestige both in the eyes of others and in his own eyes. Indecent form - a cynical form, deeply contrary to the rules of behavior accepted in society. Finished from the moment when the insult became known to the offended person. The subjective side - direct intent. Subject general (from 16 years old). Crimes against sexual freedom and sexual inviolability - Guilty committed socially dangerous acts that infringe on the sexual freedom of an adult, associated with open sexual violence, as well as on the sexual inviolability of a minor. Types of crimes against sexual freedom and sexual inviolability: - against sexual freedom (Articles 131, 132, 133 of the Criminal Code of the Russian Federation); - against sexual inviolability (Art. 134, 135 of the Criminal Code of the Russian Federation). Species object - sexual freedom and sexual inviolability. sexual freedom - it is the right of every adult to decide for himself with whom and in what form to satisfy his sexual needs. sexual integrity - a gross violation of the norms of sexual morality in relation to minors, acquaintance of minors with sexual relations ahead of time. The objective side All crimes are committed in the form of action. All compositions are formal by design. The subjective side of all compositions is characterized by direct intent. Objectives: coercion to enter the victim (victim) into sexual intercourse, homosexual relations or other sexual acts (Article 133 of the Criminal Code of the Russian Federation). Subject common in the compositions of Art. 133 of the Criminal Code of the Russian Federation (from the age of 14 - Articles 131, 132 of the Criminal Code of the Russian Federation). Special Subjects: - a man (Article 131 of the Criminal Code of the Russian Federation); - a person who has reached the age of 18 (Articles 134, 135 of the Criminal Code of the Russian Federation). 74. Rape Rape (131 of the Criminal Code of the Russian Federation) - sexual intercourse between a man and a woman, committed against her will and desire as a result of physical or mental (threat) violence or use of the helpless state of the victim. Object - sexual freedom of a woman or sexual inviolability of a minor. The objective side - sexual intercourse with the use of physical violence (beating, harm of mild or moderate severity and other actions), or the threat of its use (verbally or by threatening actions), or the use of the helpless state of the victim. Sexual intercourse - the introduction of a man's penis into the vestibule or actually into the woman's vagina. Helpless state - the victim, due to her physical or mental condition (young age, physical disabilities, mental disorder, other morbid or unconscious state, etc.), could not understand the nature and significance of the actions committed with her or could not resist the perpetrator, and the latter , entering into sexual intercourse, was aware that the victim was in such a state (a helpless state when intoxicated - if the degree of intoxication made it impossible for the victim to resist the perpetrator or call for help). Finished from the moment of the onset of sexual intercourse, regardless of its consequences. The subjective side - direct intent. Subject special - a man (from 14 years old). 75. Violent acts of a sexual nature; coercion to act of a sexual nature Violent acts of a sexual nature (132 of the Criminal Code of the Russian Federation)Object - sexual freedom of a woman (man) or sexual inviolability of a minor (minor). The objective side - sodomy, lesbianism or other acts of a sexual nature with the use of violence or with the threat of its use against the victim (victim) or other persons, or using the helpless state of the victim (victim). Sodomy - insertion of a man's penis into the anus of another man. Lesbianism - this is a form of satisfying a woman's sexual passion with a woman by performing various actions of a sexual nature. Other acts of a sexual nature - any violent actions of a man against a woman (except for sexual intercourse) or against another man (except for sodomy), a woman against a man (including forced sexual intercourse). Finished since the beginning of the act of sodomy, lesbianism and other acts of a sexual nature. The subjective side - direct intent. Subject general (from 14 years old). Compulsion to act of a sexual nature (133 of the Criminal Code of the Russian Federation)Object - sexual freedom of a woman (man) or sexual inviolability of a minor (minor). The objective side - compelling a person to have sexual intercourse, sodomy, lesbianism or other acts of a sexual nature by blackmail, threats of destruction, damage or seizure of property, or using the material or other dependence of the victim (victim). compulsion - providing a certain mental impact in the forms listed above. Blackmail - a threat to communicate information discrediting a person or his relatives or other information, the dissemination of which may cause significant harm to the rights or legitimate interests of the victim or his relatives (for example, a threat to disclose the secret of adoption). Threats to destroy, damage or seize property - a threat to significant property for the victim (for example, a threat to set fire to a house, destroy a car, seize a valuable painting). material dependence - the victim (victim) is fully or partially dependent on the perpetrator. Another addiction may consist in the service relations of a superior and a subordinate, a teacher and a student, an investigator and a person under investigation, etc. Finished from the moment of compulsion, regardless of whether the perpetrator succeeded in achieving his goal. The subjective side - direct intent. Subject general (from 16 years old). 76. Sexual intercourse and other acts of a sexual nature with a person under the age of 16; indecent acts Sexual intercourse and other acts of a sexual nature with a person under the age of 16 (134 of the Criminal Code of the Russian Federation)Object - sexual inviolability of a minor (juvenile). The objective side - sexual intercourse, sodomy or lesbianism with a person who is known to be under the age of 16, without the use of physical or mental violence. Knowingness - the perpetrator must be aware that the person with whom he has sexual relations has not reached the age of 16. Finished from the moment of sexual intercourse, sodomy or lesbianism. The subjective side - direct intent. Subject special - a person who has reached 18 years of age. indecent acts (135 of the Criminal Code of the Russian Federation)Object - sexual inviolability of a minor (juvenile). The objective side - committing depraved acts without the use of violence against a person who is known to be under 16 years of age. indecent acts - committing actions in the form of physical contact or through intellectual influence that can cause sexual arousal in a young boy or girl, arouse in them an unhealthy sexual interest and thereby disrupt the normal development of a child or adolescent. physical contact - exposing the genitals of a minor, touching them, exposing the genitals of the perpetrator, committing various obscene acts.Intellectual Impact - demonstration of pornographic objects, conducting cynical conversations on sexual topics, demonstration of pornographic films and tape recordings of the same nature. Finished from the moment of committing indecent acts. The subjective side - direct intent. Subject special - a person who has reached 18 years of age. 77. Crimes against the constitutional rights and freedoms of man and citizen Crimes against the constitutional rights and freedoms of man and citizen - Guilty committed socially dangerous acts, provided for in Ch. 19 of the Criminal Code of the Russian Federation, infringing on the political, social and personal rights of a person and a citizen. Types of crimes against the constitutional rights and freedoms of man and citizen: - against political rights and freedoms; - against social rights and freedoms; - against personal rights and freedoms. Species object - constitutional rights and freedoms of man and citizen. The objective side Most crimes are committed in the form of actions. A number of crimes - by both action and inaction. The subjective side most compositions are characterized by an intentional form of guilt, violation of labor protection rules is committed only through negligence. Goals - selfish or other personal interest. Subject common in most formulations. Special Subjects: - an official who, by virtue of his position, has or may have information affecting the rights and freedoms of a particular citizen; - a candidate, his/her authorized representative for financial matters, an authorized representative of an electoral association, electoral bloc; - a member of an election commission, an initiative group or a commission for holding a referendum; - members of an election commission or a referendum commission; - the person who was entrusted with the obligation to comply with the rules of labor protection; - persons with the right to hire and dismiss from work; - head of an enterprise, institution, organization; - executive. 78. The concept and types of crimes against the family and minors Crimes against the family and minors - Guilty committed socially dangerous acts, provided for in Ch. 20 of the Criminal Code of the Russian Federation, infringing on the family or the normal development of a minor. Types of crimes against the family and minors: - against minors; - against the family. Species object - family and minors. Family - this is an association of persons based on marriage or kinship, connected by relationships, rights and obligations, raising children, maintaining a common household. Minors - Persons under 18 years of age. The objective side Most crimes are committed in the form of action. Most compositions are formal in design. The subjective side Most compositions are characterized by direct intent. Failure to fulfill the obligations of raising a minor is committed by both action and inaction, both with direct and indirect intent, and by the design of the composition is material. Мотивы - selfish or other base motives. Subject in most compositions special. Special Subjects: - 18 years; - persons performing their official functions on adoption, but also other persons who were reliably aware of the adoption; - parents or other persons who are entrusted with the duty to take care of the upbringing of a minor, or teachers, educators or other employees of an educational, educational or medical institution; - parents and adult able-bodied children. 79. Involvement of a minor in the commission of a crime. Involvement of a minor in committing antisocial acts Involvement of a minor in the commission of a crime (Article 150 of the Criminal Code of the Russian Federation)Object - normal development of minors. The objective side - involvement of a minor in the commission of a crime by promises, deceit, threats or in any other way. Involvement - actions of an adult aimed at arousing the desire of a minor to commit active illegal actions. Promise - this is the subject's acceptance of an obligation to provide the minor with any benefits in the future (a promise to assist in finding a job or study). Deception - reporting false information about any circumstances that are important for a minor, or silence about them. Threat - this is the intimidation of the victim by causing him physical or material harm, the dissemination of disgraceful information. Another way - persuasion, bribery, excitation of any base motives in him. Finished from the moment the minor is involved in the commission of a crime. The subjective side - direct intent. Subject special - adult (from 18 years old). Involvement of a minor in antisocial activities (Article 151 of the Criminal Code of the Russian Federation)Object - normal development of minors. The objective side - involvement of a minor in the systematic use of alcoholic beverages, intoxicating substances, in vagrancy or begging. The systematic use of alcoholic beverages, intoxicating substances - inclination to use these substances at least three times in a short time. Vagrancy - the systematic movement of a person from one locality to another or within the same locality without a permanent place of residence with an existence due to casual earnings, petty theft or begging (parents are not involved in vagrancy if this is done as a result of a combination of difficult life circumstances caused by the loss of a source means of subsistence or lack of a place to live). begging - systematic begging from strangers (under various pretexts and without them) for money, food, clothing, and other items. Finished from the moment of committing actions aimed at involving a minor, regardless of the result. The subjective side - direct intent. Subject special - adult (from 18 years old). 80. The concept and types of crimes against property Property crimes - Guilty committed socially dangerous acts, provided for in Ch. 21 of the Criminal Code of the Russian Federation, violating the owner's rights to possession, use and disposal of property and thereby causing property damage or creating a threat of causing such damage. Types of crimes against property: - theft of other people's property (Articles 158-162, 164 of the Criminal Code of the Russian Federation); - infliction of property or other damage not related to theft (Articles 163, 165, 166 of the Criminal Code of the Russian Federation); - destruction or damage to property intentionally (Art. 167) or negligently (Art. 168). Species object - public relations of any form of ownership. The objective side Most crimes are committed in the form of actions. A number of crimes - both by action and inaction: Art. 168 of the Criminal Code of the Russian Federation. Most compositions by design are material, some are formal: art. 163, 166 of the Criminal Code of the Russian Federation, Art. 162 of the Criminal Code of the Russian Federation - a truncated composition. The subjective side Most of the compositions are characterized by direct intent, Art. 167 of the Criminal Code of the Russian Federation is committed both with direct and indirect intent. Art. 168 of the Criminal Code of the Russian Federation is characterized by a careless form of guilt. Goal selfish (Art. 158-165 of the Criminal Code of the Russian Federation). Double Guilt Crimes: Part 2 Art. 167 of the Criminal Code of the Russian FederationSubject in most compositions, general (from the age of 14 - articles 158, 161, 162, 163, 166, part 2 of article 167 of the Criminal Code of the Russian Federation). Special subject - a person who has been entrusted with property (Article 160 of the Criminal Code of the Russian Federation). 81. The concept, the main features and forms of theft. The subject of theft and its signs Theft - this is an unlawful gratuitous seizure and (or) conversion of someone else's property in favor of the guilty person or other persons, committed for mercenary purposes, which caused damage to the owner or other owner of this property. Signs of theft: - seizure and (or) circulation of another's property; - selfish purpose; - gratuitousness; - illegality. Withdrawal - rejection, separation of a part of the property from the total property mass, which is in the possession of the owner or the person in whose possession it is located. Treatment - establishing the actual possession of the thing, the use of inventory in the interests of the guilty person or other persons. Wrongfulness means that the perpetrator is not the owner of the property, did not have the legal right to seize the property and turn it in his favor, was not authorized to do so. Gratuitousness - the owner does not receive the necessary equivalent in the form of socially useful labor or compensation for the value of the object of theft for the property that has left his possession. selfish purpose - this is the desire to turn stolen property in favor of the perpetrator or other persons. someone else's property - this is property that is not owned or legally maintained by the perpetrator, either in whole or in part. Forms of theft (according to the method of seizure or circulation of property): - theft; - fraud; - misappropriation and waste; - robbery; - robbery. The subject of theft - this is someone else's property, that is, not owned or legally controlled by the guilty person, things of the material world that have a value or human labor is embodied in them. Signs of the subject of theft: - physical - these are objects of the material world that have general physical characteristics (size, weight); - economic - human labor is invested in the creation of a thing, which is expressed in value; - legal - the property is owned by another person (orphaned property is not the subject of theft). Types of items of theftGeneral Items: - things; - money; - securities (except registered ones). Items prohibited for civil circulation: - weapons, ammunition, explosives or explosive devices; - narcotic drugs and psychotropic substances; - radioactive materials; - documents, seals, forms, stamps, state awards. 82. Theft; fraud; embezzlement or embezzlement 1. Theft - secret theft of another's property. Object - property relations. Subject - someone else's property. The objective side - secret seizure of another's property. Secrecy of theft - seizure made secretly, imperceptibly for the owner of property, third parties, or seizure in the presence of people who do not fix in their minds the fact of seizure of property or consider such seizure lawful. Finished from the moment of obtaining a real opportunity to dispose of the property. The subjective side - direct intent... goal selfish. Subject general (from 14 years old). 2. Fraud - stealing someone else's property or acquiring the right to someone else's property by deceit or breach of trust. Object - property relations. Subject - property and the right to property. The objective side - stealing someone else's property or acquiring the right to property by deceit or breach of trust. Deception - a method of theft, consisting either in the reporting of false information, or in silence about the circumstances, the reporting of which was mandatory. Deception can be expressed in oral, written or other form. Abuse of trust - a method of fraud, which usually manifests itself in the use of the special powers of the perpetrator or his personal trusting relationship with the person in whose jurisdiction or under whose protection the property is located to seize property. Finished from the moment of taking possession of someone else's property or from the moment of obtaining the right to someone else's property. The subjective side - direct intent... goal selfish. Subject general (from 16 years old). 3. Embezzlement or waste - this is the theft of someone else's property entrusted to the guilty. Object - property relations. The objective side - theft of another's property by appropriation and waste by a person who, by virtue of official duties, contractual relations, a special assignment, exercises the authority to dispose, manage, deliver or store. Assignment consists in the seizure, separation of the property entrusted to the guilty person and the establishment of his illegal possession over it. The transition from legal possession to illegal possession characterizes the moment of the theft. Embezzlement means the commission of such actions with the help of which the property entrusted to the guilty person for the exercise of certain powers is illegally spent, spent, consumed, etc. Finished from the moment of actual expenditure or consumption of property (waste), or from the moment of transfer or misuse (appropriation). The subjective side - direct intent... goal selfish. Subject special - a person who has been entrusted with property (from the age of 16). 83. Robbery and robbery 1. Robbery (Article 161 of the Criminal Code of the Russian Federation) - open theft of someone else's property. Object - property relations. Subject - someone else's property. The objective side - active actions aimed at open non-violent theft of other people's property. Openness of theft - seizure made in the presence of the owner of the property or third parties, when the perpetrator is aware that these persons understand the nature of his criminal actions, but ignore this circumstance. Judicial practice proceeds from the fact that actions begun as theft, but then discovered by the victim or other persons and continued by the perpetrator in order to seize property or retain it, should be qualified as robbery. Finished from the moment of the emergence of a real possibility of disposing of property. The subjective side - direct intent... goal selfish. Subject general (from 14 years old). 2. Robbery (Article 162 of the Criminal Code of the Russian Federation) - an attack for the purpose of stealing someone else's property, committed with the use of violence dangerous to life or health, or with the threat of such violence. Main object - property; additional - human health. The objective side - an attack on citizens committed with the use of violence dangerous to their life or health, or with the threat of using such violence. Attack - actions aimed at taking possession of property by using violence against the victim or creating a real threat of its immediate use. Violence dangerous to life or health, - infliction of moderate or slight harm to health (Articles 112, 115 of the Criminal Code of the Russian Federation) or violence, which at the time of its use created a real danger to the life or health of the victim (attempted strangulation, pushing a moving train out of the car, etc.), and also the introduction into the body of the victim of potent, poisonous or intoxicating substances dangerous to life and health. Threat of violence dangerous to life or health, - this is expressed verbally, by gestures, by a threatening demeanor of the offender, the intention to inflict violence that is dangerous to life or health. Finished from the moment of the attack, even if the perpetrator was not able to take possession of the property. The subjective side - direct intent... goal selfish. Subject general (from 14 years old). 84. Extortion Extortion (Article 163 of the Criminal Code of the Russian Federation) - the requirement to transfer someone else's property or the right to property or to commit other actions of a property nature under the threat of violence or the destruction or damage of someone else's property, as well as under the threat of dissemination of information disgracing the victim or his relatives, or other information, which may cause significant harm to the rights or legitimate interests of the victim or his relatives. Object immediate - property relations; additional - honor and dignity of a person. The objective side - the requirement to transfer someone else's property or the right to such property to the extortionist, or to perform other actions of a property nature (repaying a debt, paying for a purchase, etc.) under mental violence. Thing: property, the right to property, as well as actions of a property nature that the victim must commit at the request of the extortionist in his favor. Threat of violence - intimidation committed orally, in writing, transmitted personally or through an intermediary, intimidation to restrict or deprive the victim or his relatives of freedom, strike them, beat them, cause slight, moderate or serious harm to their health, or even deprive the victim or his relatives of life. Threat of destruction or damage to property - intimidation of the victim or his relatives with the destruction or damage of property in the future or momentarily. Threat to disseminate information disgracing the victim or his relatives, or other information that may cause significant harm to the rights or legitimate interests of the victim or his relatives (blackmail) is one of the methods of extortion. Finished from the moment the request is made. The subjective side - direct intent... goal selfish. Subject general (from 16 years old). 85. Causing property damage by deceit or breach of trust; intentional destruction or damage to property 1. Causing property damage by deceit or breach of trust (Article 165 of the Criminal Code of the Russian Federation). Object - property relations. Objective side: misappropriation of income to be received into the possession (funds) of the owner, obtained by the illegal use of the property entrusted to the guilty person, or evasion of the transfer of material goods that he was obliged to transfer (the driver uses a truck owned by a municipal enterprise in his spare time to transport cargo, and appropriates the money yourself). Finished from the moment of actual infliction of property damage to the owner or other owner of the property. The subjective side - direct intent... goal selfish. Subject general (from 16 years old). 2. Deliberate destruction or damage to property (Article 167 of the Criminal Code of the Russian Federation). Object - property relations. The objective side - destruction or damage to someone else's property worth more than 2500 rubles. Destruction - bringing property into complete unsuitability, excluding the possibility of its further use for its intended purpose. Damage - reduction of the economic value of the property by means of partial bringing it into disrepair, which does not exclude the possibility after repair, restoration of the full restoration of the properties of the damaged property. Finished from the date of destruction or damage to property. The subjective side - intent. Subject general (from 16 years old), part 2 - general (from 14 years old). 86. Illegal taking of a vehicle without the purpose of theft; destruction or damage to property through negligence 1. Unlawful possession of a car or other vehicle without the purpose of theft (Article 166 of the Criminal Code of the Russian Federation). Object - property relations. Means of transport - mechanical, driven by the engine (trams, trolleybuses, tractors and other self-propelled machines, motorcycles, combines, road, construction machines). The objective side - theft. Possession - seizure by any means (secretly, openly, with the use of violence or using various deceitful actions) of someone else's car or other vehicle and turning it into temporary actual possession of the guilty person against the will and consent of the owner. Unlawfulness of possession - a person uses someone else's car for which he does not have any rights or permission to use (the actions of family members or close relatives of the owner who arbitrarily used the vehicle, or unauthorized use by the driver of the vehicle assigned to him to travel on it in personal purposes). Finished from the moment the car is moved from its location by any means. The subjective side - direct intent. Subject general (from 14 years old). 2. Destruction or damage to property through negligence (Article 168 of the Criminal Code of the Russian Federation). Object - property relations. The objective side - destruction or damage to someone else's property worth more than 250 rubles. by careless handling of fire or other sources of increased danger. Subject - movable and immovable property. Finished from the moment of destruction or damage to property on a large scale. The subjective side - imprudence. Subject general (from 16 years old). 87. Crimes against the interests of service in commercial and other organizations Crimes against the interests of service in commercial and other organizations - culpably committed socially dangerous acts that encroach on the normal management and other activities of commercial and other organizations and cause or threaten to cause significant harm to the rights and legitimate interests of citizens, organizations, society and the state. Types of crime: - abuse of power (Article 201 of the Criminal Code of the Russian Federation); - Abuse of powers by private notaries and auditors (Article 202 of the Criminal Code of the Russian Federation); - excess of authority by employees of private security or detective services (Article 203 of the Criminal Code of the Russian Federation); - commercial bribery (Article 204 of the Criminal Code of the Russian Federation). Species object - the normal operation of organizations. Commercial organizations - registered in the manner prescribed by law, pursuing profit as the main goal of their activities. Nonprofits - organizations that do not have profit making as the main goal of their activities. The objective side Art. 203, 204 of the Criminal Code of the Russian Federation is committed in the form of actions, Art. 201, 202 of the Criminal Code of the Russian Federation - both by action and inaction. Articles 201, 202 of the Criminal Code of the Russian Federation are material by design, and Art. 203, 204 of the Criminal Code of the Russian Federation - formal. The subjective side characterized by direct intent. Subject in Art. 204 h. 1, 2 of the Criminal Code of the Russian Federation - general. Special Subjects: - persons performing managerial functions in a commercial or other organization (Article 201 of the Criminal Code of the Russian Federation); - a private notary and a private auditor (Article 202 of the Criminal Code of the Russian Federation); - the head or employee of a private security or detective service (Article 203 of the Criminal Code of the Russian Federation); - persons performing managerial functions in a commercial or other organization (Article 204 Part 3 of the Criminal Code of the Russian Federation). 88. Crimes against public safety Public Safety Crimes - Guilty committed socially dangerous acts, provided for in Ch. 24 of the Criminal Code of the Russian Federation, causing significant harm to public relations, ensuring a state of public peace, the normal functioning of social institutions, safety in the performance of various types of work and in handling generally dangerous objects. Types of crimes against public safety: - against public safety; - against public order; - related to the violation of safety rules in the production of various kinds of work; - associated with violation of the rules for handling generally dangerous objects. Species object - public safety. Public safety - a set of social relations that ensure safe living conditions for each member of society, public order, the safety of personal, public and state interests in the production of various kinds of work and in the handling of generally dangerous objects. The objective side Most crimes are committed in the form of action. A number of crimes - both by action and inaction. Most of the compositions by design are formal, a number of crimes are material. The subjective side Most offenses are characterized by direct intent, a number of crimes are committed through negligence. Мотивы - selfish or hooligan motives. Double Guilt CrimesPurpose: - in order to influence decision-making by authorities or international organizations (Article 205 of the Criminal Code of the Russian Federation); - compelling the state, organization and citizen to take any action or refrain from taking any action; - for the purpose of attacking citizens or organizations; - in order to develop plans and conditions for committing grave and especially grave crimes; - for the purpose of theft; - in order to take possession of other people's property (Article 227 of the Criminal Code of the Russian Federation). Subject in most cases, general (from the age of 14 - art. 205, 206, 207, 213 parts 2, 3 (as indicated in article 20 of the Criminal Code of the Russian Federation, but in fact article 213 consists of 2 parts), 214, 226 of the Criminal Code RF). Special Subjects: - persons associated with compliance with safety rules at nuclear facilities (Article 215 of the Criminal Code of the Russian Federation); - officials or persons performing managerial functions in a commercial or other organization (Article 215-1 of the Criminal Code of the Russian Federation); - persons obliged to comply with the rules for conducting mining, construction and other works (Article 216 of the Criminal Code of the Russian Federation); - a person who is entrusted with the obligation to comply with fire safety rules (Article 219 of the Criminal Code of the Russian Federation); - the owner or possessor of firearms (Article 224 of the Criminal Code of the Russian Federation); - a person who performs the duties of guarding weapons under an agreement or special assignment (Article 225 of the Criminal Code of the Russian Federation). 89. Terrorism 1. Terrorist act (Article 205 of the Criminal Code of the Russian Federation). Object the main one is public safety, the additional one is property, life, health, property and political interests. Objective side: the commission of an explosion, arson or other actions that frighten the population and create a danger of death of a person, causing significant property damage or other grave consequences, as well as the threat of committing these actions. Terrorist threat - verbal, written or transmitted by means of communication, a real and valid threat to commit a terrorist act, backed up by actions. Finished from the moment the actions were taken or from the moment the threat was brought to the attention of the relevant addressees. The subjective side - direct intent. The goal is to influence decision-making by authorities or international organizations. Subject general (from 14 years old). 2. Facilitating terrorist activities (Article 205-1 of the Criminal Code of the Russian Federation). Object public safety. Objective side: 1) inducement, recruitment or other involvement of a person in the commission of at least one crime of a terrorist nature; 2) arming or training a person in order to commit at least one of these crimes; 3) equal to the financing of terrorism. Terrorist crimes: terrorist attack, hostage-taking, organization of an illegal armed formation and participation in it, hijacking of an air or water transport vessel, or railway rolling stock, encroachment on the life of a statesman or public figure, etc. Declination - various actions aimed at arousing in others the desire to participate in terrorist activities. Recruitment - the actions of the perpetrator, which consist in finding and inviting people to commit crimes of a terrorist nature. weaponry - the actions of the perpetrator to transfer weapons to a person, with the knowledge that this weapon will be used to commit crimes of a terrorist nature. Prepare - this is the training of a person, the development of skills that contribute to the commission of crimes of a terrorist nature. Financing of terrorism - provision or collection of funds or provision of financial services with the knowledge that they are intended to finance an organization, prepare or commit at least one of the crimes of a terrorist nature, or to provide for an organized group, an illegal armed group, a criminal community (criminal organization. Finished from the moment any action is taken. The subjective side - direct intent. Subject general (from 16 years old). 90. Knowingly false report of an act of terrorism; banditry 1. Knowingly false report of an act of terrorism (207 of the Criminal Code of the Russian Federation). Object - public safety. Objective side: deliberately false information about an impending explosion, arson or other actions that create a danger of death of people, causing significant property damage or other socially dangerous consequences. Knowingly false report of an act of terrorism - this is an untrue message about an act of terrorism, transmitted by any means to persons who are obliged to take care of the safety of people's lives. Finished from the moment the message is brought to the attention of persons responsible for security. The subjective side - direct intent. Subject general (from 14 years old). 2. Banditry (Article 209 of the Criminal Code of the Russian Federation). Object - public safety. The objective side (part 1): - creation of a gang; - Leadership of the gang. Gang - a stable organized armed group of two or more persons who previously united to carry out one or more attacks on citizens or organizations. Armament - the presence of firearms, cold weapons, various explosive devices, as well as gas weapons among the gang members (at least one member of the gang must have a weapon, and others must be aware of this). Creation of a gang - any action that resulted in the organization of a stable armed group for the purpose of attacking citizens or organizations, consisting in collusion, finding accomplices, acquiring weapons, developing plans and assigning roles to gang members. Gang Leadership - this is the determination of the directions of criminal activity, the choice of specific objects and methods of attacks committed by the gang, "educational" work with personnel, the punishment of the guilty members of the gang, the adoption of decisions on the physical liquidation of victims and witnesses, the concealment and sale of stolen property. The objective side (Part 2) - Participation in a gang or in its attacks. Participation in a gang - both direct participation in the attacks committed by the gang, and the performance of various actions in the interests of the gang: financing, supplying weapons, providing transport. Attack - actions aimed at achieving a criminal result by using violence against the victim or creating a real threat of its immediate use. Finished from the moment of the formation of the gang or participation in it, regardless of whether the crimes planned by it were committed. The subjective side - direct intent. Goal - an attack on citizens or organizations. Subject general (from 16 years old). 91. Organization of a criminal community Organization of a criminal community (210 of the Criminal Code of the Russian Federation)Object - public safety. Objective side (part 1): 1) creation of a criminal community or an association of organizers, leaders or other representatives of organized groups in order to develop plans and conditions for committing grave and especially grave crimes; 2) leadership of the criminal community or its structural subdivisions. Criminal community - a close-knit organized group (organization) or an association of organized groups created to commit grave and especially grave crimes. Cohesion - the presence of common goals and intentions among the members of the group, turning the criminal community into a single whole. Organization - distribution of functions between accomplices, organizational structure of the group, planning of criminal activity, development of conspiracy measures, internal discipline. Creation of a criminal community - any actions that resulted in the organization of a criminal community. Leadership of the criminal community - this is the definition of areas of criminal activity, the choice of specific objects and methods of crimes committed, "educational" work with personnel, the punishment of guilty members, the adoption of decisions on the physical liquidation of victims and witnesses. Development of plans and conditions for the commission of grave or especially grave crimes - a set of actions aimed at distributing areas of criminal activity by industry and (or) by territory: "showdowns" with competing criminal groups and organizations, "common fund" (general fund to assist needy criminals and their families), laundering of criminal proceeds, corruption representatives of state power, penetration into legal politics and legal business, establishing links with international organized crime. Finished since the creation of the criminal community or its leadership. Objective side (part 2): participation in a criminal community or in an association of organizers, leaders or other representatives of organizations. Participation in a criminal community or in an association of organizers, leaders or other representatives of organizations - both direct participation in the crimes committed by the criminal community, and the performance of various actions in the interests of the criminal community. Finished from the moment of participation in the criminal community. The subjective side - direct intent. Subject general (from 16 years old). 92. Riots Mass riots (212 of the Criminal Code of the Russian Federation) is an encroachment on public safety committed by a large group of people (a crowd), accompanied by violence against people, pogroms, arson, destruction of property, the use of firearms, explosives or explosive devices, and armed resistance to government officials. Main object - public safety; additional - life, health, property. Objective side: (part 1) organization of riots accompanied by violence, pogroms, arson, destruction of property, the use of firearms, explosives or explosive devices, as well as the provision of armed resistance to government officials; (part 2) participation in the riots; (part 3) calls for active disobedience to the lawful demands of government officials and for riots, as well as calls for violence against citizens. Organization of riots - committing actions aimed at uniting the crowd, or directing the actions of participants in mass riots in order to involve them in pogroms, arson, armed resistance to government officials. Violence is expressed in striking, beating, infliction or threat of infliction of light, moderate or severe bodily harm. Pogroms - Destruction, ruin and looting of dwellings, various buildings and structures occupied by enterprises, institutions and organizations or citizens. Arson - actions that led to the ignition or burning of set fire to property, regardless of whether the property was damaged or destroyed. Use of firearms, explosives or explosive devices - the use of these items to cause harm to human health, destruction of property, as well as the threat of using them. Providing armed resistance - active opposition with the use of weapons or the threat of their use by a participant in mass riots to a representative of the authorities in the performance of his duties. Appeal - an appeal to the participants in the mass riots in any form, in which the desire is expressed to induce them to actively disobey the lawful demands of the authorities or to mass riots, as well as to violence against citizens. Finished from the moment of organization (Part 1) or participation (Part 2) in mass riots or from the moment of conscription, regardless of whether it was possible to induce the crowd to commit socially dangerous actions. The subjective side - direct intent. Subject general (from 16 years old). 93. Hooliganism Hooliganism (Article 213 of the Criminal Code of the Russian Federation)Object - public order.The objective side - a gross violation of public order, expressing a clear disrespect for society, committed with the use of weapons or objects used as weapons; based on political, ideological, racial, national or religious hatred or enmity, or based on hatred or enmity against any social group. public order - the system of relations between people that has developed in society, the rules of mutual behavior and coexistence established by the current legislation, customs and traditions, as well as moral standards. Gross violation of public order - insult or actions that significantly and significantly violate public order, committed with the use of weapons or objects used as weapons. If hooliganism causes beatings, slight or medium bodily harm, deliberate destruction of property, then the deed is qualified according to the totality of Art. 213 part 1 of the Criminal Code of the Russian Federation and the main composition of the corresponding article. Clear disrespect for society - obvious and openly expressed disrespect for the foundations and rules of society (if an insult and other actions are committed out of personal hostile relations or for the motive of revenge, then the deed will not be hooliganism). Weapon - edged or firearms, with which the perpetrator inflicts or attempts to inflict bodily harm or creates a real threat to the life or health of citizens. qualifying marks, associated with resistance to a representative of the authorities or another person - this is an active opposition to the action of persons to suppress it at the time of hooliganism (resistance after the cessation of hooliganism does not apply to this sign). Finished from the moment the action was taken. The subjective side - direct or indirect intent. Motive hooligan. Subject general (from 16 years old). 94. Vandalism Vandalism (Article 214 of the Criminal Code of the Russian Federation)Object - public order. Objective side: - desecration of buildings or other structures; - damage to property on public transport or in other public places. desecration - a number of actions that lead to the disfigurement of buildings and structures that enjoy public attention (applying obscene images and inscriptions, pasting posters, reproductions, photographs of immoral content, staining with paints, oil products, sewage, disfiguring and damaging historical and cultural monuments, publicly significant buildings and structures) or manifested in mockery of generally accepted spiritual and historical values (placing fascist symbols or Nazi slogans in places associated with the fight against fascism; applying images and inscriptions that offend the feelings of believers on religious buildings and structures, etc.). Buildings - immovable objects built by people that are in collective or individual use (stadiums, bridges, fences, overpasses). Does not apply to vandalism: - drawing inscriptions, drawings and other images that do not offend public morality (commercial advertising, news reports, political or religious propaganda, drawings and inscriptions that do not have immoral content); - the application of inscriptions and images, although violating moral norms, but not designed for a significant public reaction (writing easily removable individual obscene words, placing immoral images in hard-to-reach or deserted places); - defilement of movable property without damage, as well as natural objects. Finished from the moment the action was taken. The subjective side - direct intent. Subject general (from 14 years old). 95. Arms trafficking Illegal acquisition, transfer, sale, storage, transportation or carrying of weapons, their main parts, ammunition, explosives and explosive devices (Article 222 of the Criminal Code of the Russian Federation)Object - the established procedure for handling firearms, ammunition, explosives and explosive devices. Firearms - all types of military, service and civilian weapons, including home-made weapons (except for civilian smooth-bore weapons), structurally designed to mechanically hit a target at a distance with a projectile that receives directed movement due to the energy of a powder or other charge (rifles, carbines, pistols and revolvers, machine guns and machine guns, mortars, grenade launchers, cannons, other types of firearms, regardless of caliber). Main parts of a firearm - barrel, bolt, drum, frame, receiver, trigger and locking mechanisms (except for the main parts of civil smooth-bore weapons). Ammunition - weapons and projectile equipment designed to hit a target and containing explosive propelling or expelling charges or a combination of them (artillery shells and mines, military engineering explosive charges and mines, hand and rocket-propelled anti-tank grenades, combat missiles, air bombs, etc.). (regardless of the presence or absence of explosives) intended to destroy targets, as well as all types of factory-made and home-made cartridges for various small firearms, regardless of caliber, with the exception of cartridges for civilian smooth-bore weapons and cartridges that do not have a striking element ( projectile-bullet, buckshot, shot, etc.) and not intended to hit the target). Explosives - chemical compounds or mechanical mixtures of substances capable of rapid self-propagating chemical transformation - explosion (TNT, ammonites, plastites, elastites, smoke and smokeless powder, solid rocket fuel). explosive devices - these are various mechanisms and structures containing explosives or their mixtures and intended for the production of an explosion (detonator, land mine, etc.). The objective side (part 1) - illegal acquisition, transfer, sale, storage, transportation or carrying of firearms (except for smoothbore), its main parts, ammunition, explosives or explosive devices. Finished from the moment any action is taken. Thing: gas, cold, throwing weapons. The objective side (part 4) - illegal sale of gas, cold steel, including throwing weapons. Finished from the moment the action was taken. The subjective side - direct intent. Subject general (from 14 years old). 96. Theft or extortion of weapons Theft or extortion of weapons, ammunition, explosives and explosive devices (226 of the Criminal Code of the Russian Federation)Object - rules governing the established procedure for the circulation of weapons, ammunition, explosives and explosive devices. Objective side: (part 1) theft or extortion of firearms, their components, ammunition, explosives or explosive devices; (part 2) theft or extortion of nuclear, chemical or other types of weapons of mass destruction, as well as materials or equipment that can be used in the creation of weapons of mass destruction. Weapon theft - illegal possession of weapons that were legally and illegally held by citizens, by any means (part 1 - theft, fraud, non-violent robbery, embezzlement and embezzlement; part 2 - violent robbery; part 3 - robbery) with the intention of the perpetrator to appropriate the stolen or transfer to another person, as well as to dispose of it at his own discretion in another way. Extortion - the requirement to transfer weapons, ammunition, explosives and explosive devices under the threat of destruction and damage to property, disclosure of disgraceful information for the victim or his relatives or other information that can cause significant harm to the rights and legitimate interests of the victim (parts 2 and 3 - extortion, associated with violence). Finished from the moment of taking possession of weapons and other specified items (for theft, fraud, embezzlement or embezzlement and robbery) or from the moment of using violence dangerous to life and health, or its threat (for robbery) or from the moment of making a demand, backed up by a threat (for extortion ). The subjective side is direct intent. Subject general (from 14 years old). 97. Crimes against public health and public morality Crimes against public health and public morals - Guilty committed socially dangerous acts, associated with the violation of the rules that ensure the health of the population and public morality, and causing them significant harm. Object - public health and public morality. The objective side Most crimes are committed in the form of action. A number of crimes are committed both by action and inaction. Most compositions by design are formal, some compositions are material, and a number are formal-material. The subjective side most offenses are characterized by direct intent, the rest of the crimes - both with direct and indirect intent. Motives: from hooligan motives or from mercenary motives. Subject in most compositions, general (from the age of 14 - article 229 of the Criminal Code of the Russian Federation). Special Subjects: - a person whose duties include compliance with the rules (Article 228-2 of the Criminal Code of the Russian Federation); - doctors of medical institutions, pharmacists (Article 233 of the Criminal Code of the Russian Federation); - a person obliged to comply with sanitary and epidemiological rules (Article 236 of the Criminal Code of the Russian Federation); - a person obliged to provide information (Article 237 of the Criminal Code of the Russian Federation); - a person responsible for production, storage, transportation, marketing, monitoring compliance with safety requirements, or a person who illegally issued a document certifying compliance with safety requirements (Article 238 of the Criminal Code of the Russian Federation); - a person who has reached the age of 18 (Article 242-1 of the Criminal Code of the Russian Federation). 98. Drug trafficking Illegal manufacture, acquisition, storage, transportation, transfer or sale of narcotic drugs or psychotropic substancesObject - public health. Thing: narcotic drugs, psychotropic substances or their analogues on a large scale. Narcotics - substances of synthetic (heroin) or natural (opium, cocaine) origin, drugs, plants or their parts included in the list of narcotic drugs. Psychotropic substances - natural or synthetic substances included in the list of psychotropic substances that have a stimulating or depressive effect on the central nervous system. Their counterparts - Substances approved by a special list that have the properties of narcotic and psychotropic substances. Large size - expressed in grams, the amount of narcotic, psychotropic substances or their analogues contained in the second column of lists 1, 2, 3, approved by Decree of the Government of the Russian Federation of 07.02.2006 No. 76. Extra large size - expressed in grams, the amount of narcotic, psychotropic substances or their analogues contained in the third column of lists 1, 2, 3, approved by Decree of the Government of the Russian Federation of 07.02.2006 No. 76. The objective sideAcquisition of - receipt as a result of any transaction, collection, appropriation of found, ownerless narcotic drugs or psychotropic substances. Storage - any intentional actions related to the actual presence of narcotic drugs or psychotropic substances in the possession of the perpetrator on his person, in a room, in a hiding place and in other places. Transportation - movement by any mode of transport, regardless of the method of transportation and storage location from one location to another. Production - intentional actions aimed at obtaining from narcotic plants, medicinal, chemical and other substances one or more, ready for use and consumption. processing - actions that result in refining (removal of foreign impurities), an increase in the concentration of narcotic drugs or psychotropic substances in the preparation, as well as the production of substances on their basis that are not narcotic drugs or psychotropic substances. Finished from the moment of committing any action on a large scale. The subjective side - direct intent. Subject general (from 16 years old). 99. Violation of the rules for the circulation of narcotic drugs or psychotropic substances; their theft or extortion 1. Illegal production, sale or transfer of narcotic drugs, psychotropic substances or their analogues. Object - public health. The objective sideWinemaking - actions aimed at the serial production of narcotic drugs and psychotropic substances. Sales - any methods of transferring narcotic drugs or psychotropic substances to other persons for a fee or free of charge (for example, sale, donation, exchange, payment of a debt, lending, injecting another person by the owner of this substance or means, etc.). Forwarding - movement in the form of postal, baggage items or in any other way, when the transportation of these funds and substances is carried out without the participation of the sender. Finished from the date of these actions. The subjective side - direct intent. Subject general (from 16 years old). 2. Violation of the rules for the circulation of narcotic drugs or psychotropic substances (Article 228-2 of the Criminal Code of the Russian Federation). An object - established procedure for the legal circulation of narcotic drugs. Objective side: violation of the rules for the production, manufacture, processing, storage, accounting, dispensing, sale, sale, distribution, transportation, shipment, acquisition, use, import, export or destruction of narcotic drugs or psychotropic substances or substances, tools or equipment used for the manufacture of narcotic drugs or psychotropic substances under special control, as well as the cultivation of plants used for the production of narcotic drugs or psychotropic substances, resulting in their loss. Finished since the drug was lost. The subjective side - intent. Subject special - a person whose duties include compliance with the rules (from 16 years old). 3. Theft or extortion of narcotic drugs or psychotropic substances (Article 229 of the Criminal Code of the Russian Federation). Main object - public health; additional - property relations. The objective side - theft or extortion. Theft - seizure of narcotic drugs by any means, including the collection of drug-containing plants from protected fields. Finished from the moment of obtaining a real opportunity to dispose of the drug (for theft, robbery, fraud), or from the moment of an attack for the purpose of seizure (for robbery), or from the moment of a demand (for extortion). The subjective side - direct intent. Subject general (from 14 years old). 100. The concept and types of crimes against traffic safety and transport operation Crimes against traffic safety and transport operation - Guilty committed socially dangerous acts, provided for in Ch. 27 of the Criminal Code of the Russian Federation, encroaching on the normal operation of transport. Types of crimes against traffic safety and transport operation: - crimes directly related to the violation of traffic safety rules and the operation of vehicles (Articles 263-266, 271 of the Criminal Code of the Russian Federation); - crimes not directly related to the violation of traffic safety rules and the operation of vehicles (Articles 267-269, 270 of the Criminal Code of the Russian Federation). Species object - safety of traffic and operation of transport. Traffic and transport safety - a set of public relations to ensure the safety of life and health of people, the safety of material assets in the process of movement and operation of sea, river, air, rail, road and pipeline transport. The objective side most crimes are committed in the form of action, and Art. 270 of the Criminal Code of the Russian Federation - by inaction. Most compositions are material in design, some compositions are formal: art. 270, 271 of the Criminal Code of the Russian Federation. The subjective side most compositions are characterized by a careless form of guilt. Direct intent: Art. 270 of the Criminal Code of the Russian Federation, and Art. 271 of the Criminal Code of the Russian Federation is committed both with direct and indirect intent. Subject in most compositions, a special, general subject - Art. 267 of the Criminal Code of the Russian Federation (from the age of 14 - Art. 267 of the Criminal Code of the Russian Federation). Special Subjects: - a person who, by virtue of the work performed or the position held, is obliged to comply with these rules (Article 263 of the Criminal Code of the Russian Federation); - the person actually driving the vehicle (Article 264 of the Criminal Code of the Russian Federation); - persons who actually carried out repairs, or a person responsible for the technical condition of the transport (Article 266 of the Criminal Code of the Russian Federation); - a passenger, pedestrian or other road user, except for the persons specified in Art. 263-264 of the Criminal Code (Article 268 of the Criminal Code of the Russian Federation); - builders performing operations with pipelines (Article 269 of the Criminal Code of the Russian Federation); - captain of the ship (Article 270 of the Criminal Code of the Russian Federation); - pilots and employees of the dispatch service (Article 271 of the Criminal Code of the Russian Federation). 101. Crimes against the constitutional order and state security Crimes against the constitutional order and state security - Guilty committed socially dangerous acts, provided for in Ch. 29 of the Criminal Code of the Russian Federation, causing significant harm to the foundations of the constitutional structure of the Russian Federation and the security of the state. Types of crimes against the constitutional order and state security: - crimes encroaching on the external security of the Russian Federation (Articles 275, 276 of the Criminal Code of the Russian Federation); - crimes encroaching on the internal security of the Russian Federation (Articles 277-280, 282, 282-1, 282-2 of the Criminal Code of the Russian Federation); - crimes encroaching on the economic security and defense capability of the country (Articles 281, 283, 284 of the Criminal Code of the Russian Federation). Species object - the constitutional order and security of the state. constitutional order - the initial principles of the organization of power, economic relations, the political system of society. State Security - the state of protection of the constitutional system, sovereignty, defense capability and territorial integrity of the Russian Federation. The objective side Most crimes are committed in the form of actions. A number of crimes - through both action and inaction: Art. 183, 184 of the Criminal Code of the Russian Federation. Most compositions are formal in design, art. 184 of the Criminal Code of the Russian Federation - material composition, and formal material - Art. 277 of the Criminal Code of the Russian Federation. The subjective side Most of the compositions are characterized by direct intent, Art. 282-1 of the Criminal Code of the Russian Federation - both with direct and indirect intent, art. 284 of the Criminal Code of the Russian Federation is committed through negligence. Article 283 can be committed both with intent and through negligence. Motives: - revenge for activities (Article 277 of the Criminal Code of the Russian Federation); - motives of ideological, political, racial, national or religious hatred or enmity (Article 282-1 of the Criminal Code of the Russian Federation); - the motive of hatred or enmity in relation to any social group (Art. 282-1 of the Criminal Code of the Russian Federation). Objectives: - in order to transfer to a foreign state, a foreign organization or their representatives information constituting a state secret (Article 276 of the Criminal Code of the Russian Federation); - in order to terminate the state or other political activities of a statesman or public figure (Article 277 of the Criminal Code of the Russian Federation); - for the purpose of overthrowing or forcibly changing the constitutional order of the Russian Federation or violating the territorial integrity of the Russian Federation (Article 279 of the Criminal Code of the Russian Federation); - in order to undermine the economic security and defense capability of the Russian Federation (Article 281 of the Criminal Code of the Russian Federation); - in order to develop plans and (or) conditions for committing extremist crimes (Article 282-1 of the Criminal Code of the Russian Federation). Subject common in most formulations. Special Subjects: - a citizen of the Russian Federation (Article 275 of the Criminal Code of the Russian Federation); - a foreign citizen or stateless person (Article 276 of the Criminal Code of the Russian Federation); - a person to whom state secrets were entrusted or became known through service or work (Article 283 of the Criminal Code of the Russian Federation); - a person who has access to state secrets (Article 284 of the Criminal Code of the Russian Federation). 102. High treason; espionage; disclosure of state secrets 1. High treason. An object - External security of the Russian Federation. The objective sidestate secret - information protected by the state in the field of its military, foreign policy, economic, intelligence, counterintelligence and operational-search activities, the disclosure of which may harm the security of the Russian Federation. Espionage is expressed in the transfer, collection, theft or storage for the purpose of transferring to a foreign state, a foreign organization or their representatives of information constituting a state secret. Issuance of state secrets - transfer to a foreign state of information possessed by the perpetrator. Other assistance - actions that objectively contribute to the hostile activities of foreign states, foreign organizations or their representatives against the Russian Federation. Finished from the moment the action was taken, regardless of the consequences. The subjective side - direct intent. Subject special - a citizen of the Russian Federation (from 16 years old). 2. Espionage. An object - External security of the Russian Federation. The objective sideTransfer of information - communication of information by any means to a foreign state, foreign organization or their representatives. Collection of information - obtaining this information in various ways (by personal observation, photographing secret objects, using sound recordings, purchasing for money, etc.). Theft of information - stealing information by seizing documents, objects, audio and photographic materials, computer diskettes. Information storage - ensuring the safety of information that is the subject of espionage. Finished from the moment any action is taken. The subjective side - direct intent. Goal - for transfer to a foreign state, foreign organization or their representatives. Subject special - a foreign citizen or a stateless person (from 16 years of age). 3. Disclosure of state secrets. An object - External and economic security of the Russian Federation. Subject - information constituting a state secret. The objective side - disclosure of information constituting a state secret. Disclosure of state secrets - communication to an outsider of information constituting a state secret by any means (orally, in writing, by making public) or failure to take measures to ensure the safety of state secrets. Subject special - a person to whom a state secret was entrusted or became known through service or work (from the age of 16). 103. Crimes against state power, interests of public service and service in local governments Crimes against state power, the interests of public service and service in local governments - Guilty committed socially dangerous acts, provided for in Ch. 30 of the Criminal Code of the Russian Federation, causing significant harm to public relations that ensure the normal and legal activities of government bodies. Types of crimes against state power, the interests of public service and service in local governments: - crimes committed within official powers (Articles 285, 287, 293 of the Criminal Code of the Russian Federation); - crimes committed in excess of authority (Articles 286, 288, 289, 292 of the Criminal Code of the Russian Federation); - crimes undermining the public service (Articles 285-1, 285-2, 290, 291 of the Criminal Code of the Russian Federation). Species object - normal activity of public authorities, public service and local governments. Public service - professional activities to ensure the execution of the powers of state bodies. Government departments - all bodies of legislative, executive and judicial power provided for by the legislation of the Russian Federation. Local government - elected and other bodies empowered to resolve issues of local importance and not included in the system of state authorities. The objective side Most crimes are committed in the form of actions. A number of crimes by inaction: Art. 287, 293 of the Criminal Code of the Russian Federation, and Art. 285 of the Criminal Code of the Russian Federation - both by action and inaction. Most compositions by design are material, some are formal. The subjective side most offenses are characterized by an intentional form of guilt (direct intent: articles 287, 288, 289, 290, 291, 292 of the Criminal Code of the Russian Federation, and articles 285, 285-1, 285-2, 286 of the Criminal Code of the Russian Federation are committed both with direct and with indirect intent). Art. 293 of the Criminal Code of the Russian Federation is characterized by a careless form of guilt. Motives: - selfish motive; - selfish or other personal interest. Objectives: - not meeting the conditions for receiving budgetary funds (Article 285-1 of the Criminal Code of the Russian Federation); - do not meet the conditions defined by the legislation of the Russian Federation and the budgets of state non-budgetary funds (Article 285-2 of the Criminal Code of the Russian Federation). Subject in most formulations, special, general - art. 291 of the Criminal Code of the Russian Federation. Special Subjects: - executive; - a civil servant or an employee of a local self-government body who is not an official (Article 288 of the Criminal Code of the Russian Federation); - an official, a civil servant or an employee of a local self-government body. 104. The concept of an official Subjects of malfeasance: - officials; - persons holding government positions in the Russian Federation; - persons holding public positions in the constituent entities of the Russian Federation; - civil servants and employees of local self-government who are not classified as officials. Executive - a person who permanently, temporarily or by special authority performs the functions of a representative of power or performs organizational, administrative, administrative and economic functions in state bodies, local governments, state or municipal institutions, in the Armed Forces and other troops and military formations. Representatives of the authorities - employees of state bodies who are entitled, within their competence, to make demands or make decisions that are binding on both citizens and organizations, institutions and enterprises, regardless of their departmental subordination and affiliation (law enforcement officers, customs officers, tax inspectors, etc.). P.). Organizational and administrative functions - functions related to the management of the team, work, service or production activities (team leaders, heads of workshops, foremen, foremen). Administrative functions - functions related to the management or disposal of state property (heads of planning and economic, financial departments, chief accountants). Special Power - carried out on a legal basis (law, order, regulation) short-term performance of official functions (people's or jurors, public controllers and auditors). State positions of the Russian Federation - positions established by the Constitution of the Russian Federation, federal constitutional laws and federal laws for the direct execution of the powers of state bodies (President of the Russian Federation, Chairman of the Government of the Russian Federation, federal minister, etc.). State positions of subjects of the Russian Federation - positions established by the constitutions and charters of the subjects of the Russian Federation (president, governor, deputy of the subject, etc.). 105. Abuse and abuse of power 1. Abuse of power (Article 285 of the Criminal Code of the Russian Federation). Object - activities of the state body. Objective side: the use by an official of his official powers contrary to the interests of the service, if this entailed a significant violation of the rights and legitimate interests of citizens or organizations or the legally protected interests of society or the state. Significant violation of rights and interests - an evaluation indicator, which is determined based on the degree of negative impact of the unlawful act on the normal work of a state or municipal institution, local government, the nature and extent of the damage suffered, the number of injured citizens, the severity of the moral, physical or property damage caused to them, the importance of the violated rights. Finished since the onset of the consequences. The subjective side in the form of intent. Subject special - official. 2. Abuse of authority (Article 286 of the Criminal Code of the Russian Federation). Object - activities of the state body. Objective side: excess of official powers, resulting in a significant violation of the rights and legitimate interests of citizens or organizations or legally protected interests of society or the state. Abuse of power - the commission of actions that are clearly beyond the limits of authority. Forms of abuse of power: - commission of actions within the competence of a higher official (investigator for the head of the investigation); - commission of actions within the competence of another department (the commandant of the hostel conducts a search in the rooms); - committing single-handed actions that could only be committed collectively (a judge considers a case that should be considered by three judges); - commission of actions in the absence of special conditions and circumstances (illegal use of weapons); - committing actions that no one can do (the boss beats the subordinate). Finished since the onset of the consequences. The subjective side in the form of intent. Subject special - official. 106. Negligence; taking and giving bribes 1. Negligence. An object - normal activity of public authorities. Objective side: non-fulfillment or improper fulfillment by an official of his duties due to dishonest or negligent attitude to the service, if this entailed a significant violation of the rights and legitimate interests of citizens or organizations or the legally protected interests of society or the state. Dereliction of duty - inaction of a person in the form of failure to take measures that he is obliged to take in the absence of force majeure (natural disaster, illness). Inadequate performance of duties - their performance is of poor quality, not in full, in violation of the relevant rules and instructions. Finished since the onset of the consequences. The subjective side in the form of negligence. Subject special - official. 2. Taking a bribe (Article 290 of the Criminal Code of the Russian Federation). Object - normal activity of the state body. Subject - money, securities, other property or benefits of a property nature (provision of sanatorium and tourist vouchers, travel tickets, performance of various types of work or services free of charge). Objective side: receiving a bribe personally or through an intermediary for actions (inaction) in favor of the bribe giver or persons represented by him, if such actions (inaction) are within the official powers of an official or he, by virtue of his official position, can contribute to such actions (inaction), as well as for general protection or connivance at work. The main forms of receiving bribes: - open - direct receipt of the subject of a bribe; - veiled - part-time, one-time or permanent payments under the contract, unreasonable bonuses, provision of property benefits. Bribe types: - bribe-bribery - is transferred to an official before the necessary action or inaction is performed; - bribe-reward - is transferred to an official after the necessary action or inaction has been performed. Forms of use of official position: - performance of actions that are within the limits of the rights and powers granted to the official; - use of connections with other officials who are not subordinate to him; - general patronage (protectionism) - unreasonable promotion, issuance of undeserved bonuses or incentives, etc.; - connivance in the service - non-suppression of illegal actions of a subordinate, etc. Finished from the moment of receiving at least part of the bribe. The subjective side - direct intent. Motive selfish. Subject special - official. 3. Giving a bribe. An object - normal activity of the state body. The objective side - Giving a bribe. Giving a bribe - transfer to an official personally or through an intermediary of material values or the performance of free services or the creation of other benefits of a material nature. The subjective side - direct intent. Subject general (from 16 years old). 107. Crimes against justice Crimes against justice - Guilty committed socially dangerous acts, provided for in Ch. 31 of the Criminal Code of the Russian Federation, encroaching on the normal activities of the court, the prosecutor's office, the bodies of preliminary investigation and the bodies executing punishment. Types of crimes against justice: - crimes infringing on the administration of justice; - crimes related to the issuance of unjust decisions; - crimes violating the procedural procedure for obtaining evidence; - Crimes related to the implementation of a judicial act. Species object - Activities for the administration of justice. Justice - a type of state activity aimed at resolving various social conflicts in court. The objective side Most crimes are committed in the form of actions. A number of crimes - by inaction: art. 308, 314, 315 of the Criminal Code of the Russian Federation. Most compositions by design are formal, art. 295 of the Criminal Code of the Russian Federation - material composition. The subjective side most offenses are characterized by direct intent (Article 311 of the Criminal Code of the Russian Federation is committed both with direct and indirect intent), Art. 310 of the Criminal Code of the Russian Federation - can be committed both intentionally and recklessly. Motives: based on revenge for activities related to the administration of justice (Article 296 of the Criminal Code of the Russian Federation). Objectives: - obstruction of the administration of justice; - obstruction of the legitimate activities of these persons or revenge for such activities; - obtaining evidence by illegal means; - artificial creation of evidence of a crime or blackmail; - Giving false testimony, giving a false conclusion or false testimony, making an incorrect translation. Subject in most compositions special. Special Subjects: - employees of the judiciary; - expert, specialist, translator; - witness, victim; - a person warned in the manner prescribed by law about the inadmissibility of disclosing information; - a person to whom this information was entrusted or became known in connection with his official activities; - persons who have been entrusted with property that has been seized or subject to confiscation; - persons serving imprisonment or persons taken into custody; - persons sentenced to imprisonment; - Officials and employees. 108. Forgery of documents; arbitrariness 1. Forgery, production or sale of forged documents, state awards, stamps, seals, letterheads (Article 327 of the Criminal Code of the Russian Federation). Object - the established procedure for the circulation of official documents, state awards, stamps, seals and letterheads. Subject - a certificate or other official document granting rights or exempting from obligations, state awards of the Russian Federation, the RSFSR, the USSR, stamps, seals, letterheads. Objective side (part 1): 1) forgery of a certificate or other official document granting rights or releasing obligations for the purpose of using it; 2) sale of the document; 3) production for the same purposes; 4) sale of counterfeit state awards of the Russian Federation, RSFSR, USSR, stamps, seals, letterheads; (part 3): use of a knowingly forged document. Forgery - this is the replacement of a part of a genuine item with a corresponding fictitious part (a surname is replaced in a genuine sick leave). Production - complete creation of state awards, seals, stamps, forms similar to real ones. Sales - performance of any actions on paid or gratuitous transfer of state awards, seals, stamps, letterheads to another person. Using - presentation of the document to the person authorized to check it. Finished from the moment of forgery, manufacture, sale or use. The subjective side - direct intent. Subject general (from 16 years old). 2. Arbitrariness (Article 330 of the Criminal Code of the Russian Federation). Main object - the established procedure for the exercise by citizens of their rights; additional - legitimate interests of other citizens and legal entities. The objective side - self-management. Arbitrariness - unauthorized, contrary to the procedure established by law or other regulatory legal act, the commission of any actions, the legality of which is disputed by an organization or a citizen, if such actions caused significant harm (evaluative attribute). Finished from the date of significant damage. The subjective side in the form of intent. Subject general (from 16 years old).
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