Object of crime in criminal law: concept, types, meaning

The concept of the object of a crime in criminal law

The object of a crime is social relations protected by criminal law, which are caused or may be harmed as a result of the commission of a crime.
The concept of the object of a crime is not legally established. In the Criminal Code of the Russian Federation in Part 1 of Art. 2 of the Criminal Code of the Russian Federation formulates an approximate list of objects of criminal legal protection, which include: human and civil rights and freedoms, property, public order and public safety, the environment, the constitutional system of the Russian Federation, peace and security of mankind.

Views on the object of crime in the doctrine of criminal law are not unambiguous. Thus, the scientific literature mainly presents two concepts regarding understanding the object of the crime:

1) The object of the crime is social relations protected by criminal law. This view of the object of crime arose back in Soviet times, and is currently predominant.
2) The object of the crime is a legal benefit , an interest protected by law . This definition was formulated in pre-revolutionary legal science, but it is also shared by modern authors.

In the Criminal Code of the Russian Federation in Art. 12 of the Criminal Code of the Russian Federation, the objects of crimes are called interests protected by the criminal law of Russia.

In judicial practice, the object of a crime is characterized by various terms:

“ social values protected by criminal law ” (Plenum of the Supreme Court of the Russian Federation),
“ social values ” (Constitutional Court of the Russian Federation),
“ legal benefit ”, “ social relations ”, “ interest ” (judicial authorities when qualifying criminal acts),
" protected social value " (European Court of Human Rights).

However, despite the legislation and law enforcement practice, the most acceptable and well-established definition of the object of a crime is to consider it in the form of social relations protected by criminal law, to which the crime causes harm or creates a real threat of harm.

Object and subject of the crime

The object and subject of the crime are interrelated but independent categories of criminal law.

The subject of a crime is a thing of the material world to which the criminal intent of the perpetrator is directed and to which harm is caused or may be caused as a result of the commission of a crime.

For example, the subject of theft (Article 158 of the Criminal Code of the Russian Federation) is specific items stolen by the criminal (for example, the property of the owner). The subject of causing grievous bodily harm (Article 111 of the Criminal Code of the Russian Federation) is a person, but from an ethical point of view it cannot be called a subject, therefore in this case the term “victim” is used.

The subject of the crime refers to one of the elements of the crime that characterizes the object of the crime. The subject of the crime is an element of the object of the crime; it does not exist outside of it.

Differences between the object of a crime and the subject of a crime:

1) The object of a crime is an abstract construction, social relations (legal good), which is protected by criminal law. The subject of a crime is a materialized object of the real world or a phenomenon at which the criminal act is directed.
2) The object of the crime is mandatory feature of any crime; the subject of the crime is optional (only in some cases, if the subject of the crime is indicated in the disposition of the article, then it acquires the force of a mandatory element of the crime);
3) When committing a crime , damage is always to the object of the crime harm is not always to the object (for example, if a thief returns the stolen item to the owner completely intact);
4) The object of the crime is connected with the legislator , since he determines the social relations protected by the Criminal Code of the Russian Federation, the subject of the crime is connected with the criminal , since he causes harm directly to him.

Objective side of the crime

The objective side of a crime is a criminal act (action or inaction), as a result of which certain socially dangerous consequences occur or there is a threat of their occurrence.

The main features of the objective side include:

act (action or inaction);
consequences of the crime;
a causal connection between an act and a socially dangerous consequence.

The listed signs are the main, mandatory signs of the objective side of the crime.

Along with them, there are also so-called optional (optional) signs of the objective side. These include: method, time, means, place of the crime. These signs characterize the objective side not of all, but only of individual crimes.

The subject of a crime is a sane individual who committed a crime at the age at which criminal liability may begin in accordance with criminal law. Thus, only a person who has committed a socially dangerous act can be the subject of a crime. However, not every person who commits such an act can bear criminal liability.

The crime and its elements

Types and classification of crime objects

Objects of crime in the theory of criminal law can be classified “ vertically ” and “ horizontally ”.

The following crime objects are distinguished vertically :

general,
generic,
species,
group,
direct.

This classification is based on the philosophical categories of general, special and individual.

The common object is the totality of all benefits that are legally protected by criminal law.

General object , based on its name, is common, the same for all crimes. It is formulated in Part 1 of Art. 2 of the Criminal Code of the Russian Federation.

If we “add up” all the types of crimes contained in the Criminal Code of the Russian Federation, then the total would result in an exhaustively defined general object of the crime .

Thus, by committing a specific crime, the perpetrator encroaches on some part of the general object of the crime. But at the same time, harm is caused to the common object as a whole, because criminal law is a system, and harm to an individual link in this system negatively affects the entire system. That is, every crime creates a danger for the entire system of social relations protected by criminal law.

The general object of the crime allows us to understand whether the committed act is a crime as a whole.

A generic (special) object is an object that unites groups of homogeneous (identical) crimes. In the Criminal Code, the definition of a generic object occurs at the level of Sections of the Special Part of the Criminal Code of the Russian Federation.

Thus, the Criminal Code of the Russian Federation distinguishes only 6 generic objects of crimes:

Crimes against the Person (Title VII);
Economic Crimes (Title VIII);
Crimes against public safety and order (Title IX);
Crimes against public authority (Title X);
Crimes against military service (Title XI);
Crimes against the peace and security of mankind (Section XII).

For example, for kidnapping (Article 126 of the Criminal Code of the Russian Federation), the generic object will be the person’s personality (Section VII), for fraud (Article 159 of the Criminal Code of the Russian Federation) - the economy (Section VIII).

A specific object is an object that unites homogeneous crimes into a group. A specific object is part of a generic object that unites narrower groups of crimes. In the Criminal Code, the definition of a specific object occurs at the level of the Chapters of the Special Part of the Criminal Code of the Russian Federation.

For example, for kidnapping (Article 126 of the Criminal Code of the Russian Federation) the specific object will be freedom, honor and dignity of the individual (Chapter 17), for fraud (Article 159 of the Criminal Code of the Russian Federation) - crimes against property (Chapter 21).

A group object is an object that combines homogeneous crimes into subgroups. In the Criminal Code of the Russian Federation, the group object is not structurally expressed; the doctrine singles it out for a better qualification of crimes and places it in an intermediate position between the specific and direct objects.

For example, for 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 harm to health (Article 115 of the Criminal Code of the Russian Federation), the group object of the crime will be human health .

The direct object is what the real crime is aimed at, this is a specific social relationship that is directly harmed. In the Criminal Code, the definition of the direct object of the crime occurs at the level of a specific article of the Special Part of the Criminal Code of the Russian Federation.

“ Horizontally ”, the differentiation of crime objects is made at the level of the direct object.

In criminal law there are:

the main (main) direct object of the crime is what the crime is directly aimed at, these are those social relations that are directly exposed to damage or the danger of causing it. For example, in case of murder (Article 105 of the Criminal Code of the Russian Federation) - this is a person’s life.
the additional direct object of the crime is social relations, which are also harmed or a threat of harm is created, along with the main direct object. An additional object, as it were, is adjacent to the immediate object, indicating a greater social danger of the crime. For example, in case of robbery (Article 162 of the Criminal Code of the Russian Federation), an additional object is human health;
The optional direct object of the crime is social relations, which are often, but not necessarily, put at risk of causing harm. For example, if as a result of slander the victim commits suicide, then the optional object will be his life.

QUESTION. Murder (Part 1, Article 105)

QUESTION. Murder (Part 1, Article 105)

I. Article 105. Murder

1. Murder, that is, intentionally causing the death of another person

II. Criminal legal characteristics of the object of the crime.

The key generic concept indicating the generic object of the crime is “person”.

Personality is a person personified by a certain individuality, considered in the unity of biological and social essence as a subject of social relations, possessing from birth inalienable rights and freedoms, endowed with other constitutional rights and freedoms protected by criminal law.

A generic object is a social relationship that protects the individual.

The key specific concept indicating the specific object of the crime is “life and health”.

Life is a natural process of the physiological existence of a person as a subject of social relations from birth to death.

Birth (childbirth is the physiological process of the birth of a baby or cub).

The death of a person is the irreversible cessation of the vital functions of his body.

Health is a state of vital activity of the human body determined by genetic, economic, environmental, social and other factors, ensuring the physiological existence of a person as a subject of social relations in accordance with his natural needs.

A species object is a social relationship that protects the life and health of an individual.

The key concept indicating the immediate object is “life”.

The immediate object is social relations protecting the right to life (life).

additional or optional objects in this crime.

III. Characteristics of the objective side of the crime.

According to the disposition, the objective side of the crime is defined as murder, that is, intentionally causing the death of another person

The composition by design is material. Therefore, there is a criminal act and a socially dangerous consequence.

Socially dangerous act—

a) in the form of an action (knife strike, pistol shot, strangulation, etc.) or

B) inaction (for example, in cases where the guilty person was entrusted with the duty to care for the victim); expressed in the deprivation of the life of another person.

Most often, murders are committed through active actions.

Judicial practice knows cases when murders are committed through the inaction of the perpetrator (an example is leaving the victim in danger with the aim of causing death).

The actions of the perpetrator when causing death have certain features that characterize the external image of a criminal offense, which includes physical or mental violence.

From the outside, physical violence is an energetic impact on the organs and tissues of another person’s body.

Energy impact is possible through the use of material environmental factors (mechanical, chemical, biological) by the perpetrator. Judicial practice shows that in most cases crimes against life are committed through mechanical force.

Mental violence is an impact on the body of another person by influencing his psyche.

A victim is an individual to whom a crime has caused physical, property, or moral harm, as well as a legal entity in the event that a crime causes damage to its property and business reputation.

Socially dangerous consequences:

Death of the victim

Death is the cessation of a person’s physiological existence as a result of the irreversible death of his organs and systems, during which the following stages are distinguished:

Agony is the initial stage of the dying process, characterized by the progressive extinction of vital signs.

Clinical death is a terminal condition in which there are no visible signs of life, the functions of the central nervous system fade away, but metabolic processes in the tissues are preserved.

Brain death is a stage in the dying process, characterized by irreversible changes in the brain, leading to the complete cessation of its functions with partial or complete reversibility of changes in other organs and systems of the human body.

Biological death is the irreversible cessation of the vital functions of an organism.

The causal connection between the act of the perpetrator (action or inaction) and the resulting consequences is a DIRECT CAUSAL RELATIONSHIP.

Place, time and situation do not matter.

Direct intent.

The perpetrator realizes that he is encroaching on the life of another person, foresees the inevitability of causing death to the victim, and desires the consequences in the form of the death of the victim.

Intellectual moment: The perpetrator realizes that he is encroaching on the life of another person, foreseeing the inevitability of causing death to the victim.

Volitional moment : The perpetrator desires the consequences in the form of the death of the victim

Indirect intent.

The perpetrator realizes that he is encroaching on the life of another person, foresees the possibility of socially dangerous consequences in the form of the death of the victim, does not want the death of the victim, but consciously allows or is indifferent to its occurrence.

Intellectual moment

With indirect intent, a person realizes that he is encroaching on the life of another person as a result of an act (inaction) and foresees the possibility of a generally dangerous consequence in the form of the death of the victim,

Volitional moment: The perpetrator does not want the death of the victim, but consciously allows or is indifferent to its occurrence.

Direct intent.

The culprit is aware that he is encroaching on the life of another person, foresees the possibility or inevitability of causing the death of the victim, the onset of consequences in the form of the death of the victim

Intellectual moment:

The perpetrator is aware that he is encroaching on the life of another person and foresees the possibility or inevitability of causing death to the victim.

Volitional moment : The perpetrator desires the consequences in the form of the death of the victim

Indirect intent.

the person is aware of the social danger of depriving a person of life (that by his act he puts a person’s life in danger), foresees the possibility of socially dangerous consequences in the form of the death of the victim, does not want the death of the victim to occur, but consciously allows or is indifferent to its occurrence.

Intellectual moment

With indirect intent, the person is aware of the social danger of depriving a person of his life (that by his act he is endangering a person’s life), foresees the possibility of socially dangerous consequences in the form of the death of the victim,

Volitional moment: The perpetrator does not want the death of the victim, but consciously allows or is indifferent to its occurrence.

A special emotional state - affect

Affect is a state of sudden strong emotional disturbance caused by the unlawful or immoral actions of the victim, which reduces the person’s ability to realize the actual nature of his actions and manage them (physiological affect).

The motive for the murder is revenge for actions already performed by the victim.

INDIRECT INTENT

Intellectual moment : Carrying out protection from a criminal attack, the defender is aware that he exceeds its limits, foresees the real possibility of consequences in

form of death or serious harm to health.

Volitional moment : does not want consequences to occur

form of death or serious harm to health, since he strives to achieve a socially useful goal, but, having chosen any of the means at his disposal, consciously allows any of the above-mentioned

consequences.

DIRECT INTENT

The person is aware that by his actions (inaction) he is encroaching on the health of another person, foreseeing the possibility or inevitability of causing serious harm to his health and desires these consequences (direct intent)

Int. Moment : A person is aware that by his actions (inaction) he is encroaching on the health of another person, foreseeing the possibility or inevitability of causing serious harm to his health

Volitional moment: desires these consequences

INDIRECT INTENT

foresees the possibility of causing serious harm to the health of the victim, but does not want, but only consciously allows this harm or is indifferent to this harm (indirect intent).

Int. Moment : foresees the possibility of causing serious harm to the victim’s health

Volitional moment: does not want, but only consciously allows this harm or is indifferent to this harm

Socially dangerous act

in the form of action or inaction, expressed (directed) in the intentional infliction of moderate harm to health, not dangerous to human life

harm to human health is a disruption of the normal functioning of the victim’s body associated with damage to the anatomical integrity of organs and tissues or disruption of their physiological functions, or with disease or pathological conditions resulting from the influence of the perpetrator using various environmental factors: mechanical, physical, chemical, biological ,mental.

The average severity of harm to health is characterized by the following features:

• temporary dysfunction of organs and (or) systems (temporary disability) lasting more than three weeks - long-term health disorder;

• significant permanent loss of general ability to work by less than one third - persistent loss of general ability to work from 10 to 30% inclusive.

of moderate severity , in particular, includes the loss of a finger or toe, cracks and fractures of small bones, sternum, one to three ribs on one side, small closed fractures of bones, dislocations in small joints, etc.

DIRECT INTENT

A person is aware that by his actions (inaction) he is encroaching on the health of another person, foreseeing the possibility or inevitability of causing moderate harm to his health and desires these consequences (direct intent)

Intellectual Moment : A person is aware that by his actions (inaction) he is encroaching on the health of another person, foreseeing the possibility or inevitability of causing moderate harm to his health

Volitional moment: desires these consequences

INDIRECT INTENT

foresees the possibility of causing moderate harm to the victim’s health, but does not want it, but only consciously allows this harm or is indifferent to this harm (indirect intent).

Int. Moment : foresees the possibility of causing moderate harm to the victim’s health

Volitional moment: does not want, but only consciously allows this harm or is indifferent to this harm

DIRECT INTENT

A person is aware that by his actions (inaction) he is encroaching on the health of another person, foreseeing the possibility or inevitability of causing slight harm to his health and desires these consequences (direct intent)

Volitional moment: desires these consequences

INDIRECT INTENT

foresees the possibility of causing slight harm to the health of the victim, but does not want, but only consciously allows this harm or is indifferent to this harm (indirect intent).

Int. Moment : foresees the possibility of causing minor harm to the victim’s health

Volitional moment: does not want, but only consciously allows this harm or is indifferent to this harm

Socially dangerous act

in the form of actions expressed in beatings or committing other actions that cause physical pain;

From the outside, beatings consist of a variety of active actions that cause physical pain, and the intensity and nature of the actions are such that they do not result in long-term health problems, and there are no injuries left - bruises, abrasions.

Battery is a repeated (at least 3 times) blow.

Batterings are deliberate blows to the victim with fists, feet, or other parts of the body, including using any objects that do not entail the consequences specified in Art. 111,112,115, which are not torture, but cause physical pain.

Pain is a kind of mental state of a person that occurs when exposed to some very strong irritant.

Physical pain is a unique psychophysiological state of a person that occurs as a result of exposure to super-strong or destructive stimuli that cause organic or functional disorders in the body.

Other violent actions that cause physical pain can include biting, pinching, tying legs and arms, squeezing various parts of the body, and pulling out hair.

Other violent actions should be understood as any one-time violent impact on the human body that does not result in a health disorder (push, twisting of arms, kick, pinching of fingers without signs of torture, etc.).

To prove beatings, a forensic medical examination is carried out.

Socially dangerous consequences - not associated with short-term health disorders, temporary loss of ability to work and minor permanent loss of general ability to work.

IV. Characteristics of the subject of the crime.

Subject of the crime in question: a sane individual who, at the time of the commission of the crime, had reached the age of criminal responsibility. (Article 19)

Person - subject of law, person (individual) or organization (legal entity).

Sanity is the ability of a person, during the commission of a crime, to be fully aware of his actions and to direct them.

Insanity is a state of a person in which he is unable to realize the actual nature and social danger of his actions or to control them due to a mental illness or other painful mental state.

An individual is a person as a subject of law (bearer of rights and obligations).

Age is the number of years lived at the time of the crime.

Moment of commission of a crime - the period of time, the instant when the criminal, through action or inaction, committed a criminal offense

The age of criminal responsibility is the age at which a person, in accordance with the Criminal Code of the Russian Federation, can be held criminally liable for committing a socially dangerous act.

Criminal liability is the obligation, based on the rules of law, of a person guilty of committing a crime to be subject to the action of the criminal law, as the obligation of such a person to be punished for this or other measures of criminal law.

A person is subject to criminal liability for battery upon reaching the age of 16.

V. Characteristics of the subjective side of the crime.

Guilt is a person’s mental attitude towards a socially dangerous action or inaction and its consequences, expressed in the form of intent or negligence.

Direct intent.

the perpetrator is aware of the social danger of repeated blows or the use of other violent actions, foresees the possibility or inevitability that they will cause physical pain to the victim, and desires this.

Intellectual moment:

the perpetrator is aware of the social danger of repeated blows or the use of other violent actions, and foresees the possibility or inevitability that they will cause physical pain to the victim

Volitional moment : desires this.

The motive for the crime may be revenge, jealousy, hostile relationships, etc.

Socially dangerous act

acts in the form of action or inaction aimed at infecting another person with a venereal disease by a person who knew about the presence of this disease . (It is expressed in introducing into the body of another person an infection that gives rise to diseases of various etiologies, sexually and domestically transmitted.)

A sexually transmitted disease is a disruption of the normal functioning of the human body as a result of damage to organs by an infection transmitted primarily through sexual contact (syphilis, gonorrhea.)

Infection is a socially dangerous act or its consequences in crimes against a person. Infection as an act consists of intentional or careless actions, less often inaction, leading to the transmission of an infectious disease (venereal or HIV infection) to the victim as a result of sexual, sexual, household, medical and other contacts .

The very fact of infection forms a complete crime.

Venereal diseases are recognized as: congenital syphilis, early syphilis, late syphilis, other and unspecified forms of syphilis, gonococcal infection, chlamydial lymphogranuloma ( venereal), etc.

The method of transmission can be either sexual or domestic (violation of hygienic rules of conduct in the family, at home, at work, etc.). A mandatory characteristic of the method is its non-violent nature.

A mandatory element of the crime is criminal consequences in the form of infection of the victim with a venereal disease (syphilis, gonorrhea, lymphogranulomatosis inguinal, chancroid, chlamydia, etc.)

Syphilis is a chronic systemic venereal infectious disease affecting the skin, mucous membranes, internal organs, bones, and nervous system with successive changes in the stages of the disease.

Gonorrhea is a sexually transmitted infectious disease characterized by damage to the mucous membranes of the genitourinary organs.

Chlamydia is a sexually transmitted infectious disease caused by chlamydia. It is one of the most common sexually transmitted diseases.

QUESTION. KIDNAPPING.

QUESTION. SLANDER

Article 128.1. Slander

1. Slander, that is, the dissemination of deliberately false information that discredits the honor and dignity of another person or undermines his reputation

the generic object from the section title. In the title of the section, the key generic concept is “personality”.

QUESTION. RAPE.

Part 1 Article 131

No need, because I’ve already been

III. Characteristics of the objective side of the crime.

According to the disposition, the objective side of the crime is defined as

“Committing depraved acts without the use of violence by a person who has reached the age of eighteen against a person who has not reached the age of sixteen.

The corpus delicti provided for in Part 1 of Art. 135 UKRF, - formal.

QUESTION. MALICIOUS EVADATION OF PAYMENT OF FUNDS FOR THE MAINTENANCE OF CHILDREN OR DISABLED PARENTS.

CRIMINAL LEGAL ANALYSIS ART. 157 of the Criminal Code of the Russian Federation “Non-payment of funds for the maintenance of children or disabled parents”

1. Failure by a parent to pay, without good reason, in violation of a court decision or a notarized agreement, funds for the maintenance of minor children, as well as disabled children who have reached the age of eighteen, if this act is committed repeatedly, -

2. Failure by adult able-bodied children to pay without good reason, in violation of a court decision or a notarized agreement, funds for the maintenance of disabled parents, if this act is committed repeatedly, -

Notes. 1. Failure by a parent to pay, without good reason, in violation of a court decision or a notarized agreement, funds for the maintenance of minor children, as well as disabled children who have reached the age of eighteen, if this act is committed repeatedly, is recognized as a failure by a parent to pay without good reason, in violation of a court decision or a notarized agreement. funds for the maintenance of minor children, as well as disabled children who have reached the age of eighteen, subjected to administrative punishment for a similar act, during the period when the person is considered subject to administrative punishment.

2. Failure by adult able-bodied children to pay, without good reason, in violation of a court decision or a notarized agreement, funds for the maintenance of disabled parents, if this act is committed repeatedly, is recognized as failure by adult able-bodied children, without good reason, in violation of a court decision or a notarized agreement, to pay for the maintenance of disabled parents. subjected to administrative punishment for a similar act, during the period when the person is considered subject to administrative punishment.

R.O. – social relations aimed at protecting the individual.

Based on this, the key concept pointing to R.O. is personality.

So, personality as a generic concept in the object of criminal legal protection is a person personified by a certain individuality, considered in the unity of biological and social essence as a subject of social relations, possessing from birth inalienable rights and freedoms, endowed with other constitutional rights and freedoms protected by criminal law.

IN. – public relations aimed at protecting families and minors from criminal attacks.

Family as a specific concept in the object of criminal legal protection is a small community of close people, which is a unit of society, based on marriage or consanguinity and united by common life, reciprocity of assistance and responsibility for raising children and maintaining its disabled members.

Minors as a specific concept in the object of criminal legal protection are a set of social relations arising in connection with the need for special protection of the interests of persons under 18 years of age, ensuring appropriate conditions for their upbringing and material support, physical and mental development.

The direct object of the provision provided for in Part 1 of Art. 157 of the Criminal Code of the Russian Federation, are the interests of the family; in the first case - the material conditions of existence of minors or adult, but disabled children, in relation to whom the guilty person is a parent; in the second case - the material conditions of existence of the disabled parents of the specified person. An additional object is the relationship for the implementation of a judicial act.

Victim: according to Part 1 – child (children). In accordance with Art. 54 of the Family Code of the Russian Federation, a child is a person who has not reached the age of eighteen years (the age of majority). Disabled adult children include persons who, due to physical or mental illness, are unable to work and provide for their livelihood. Disability must be confirmed by relevant medical documents issued on the basis of the conclusion of a medical and social examination.

Disabled parents (adoptive parents) in accordance with the Federal Law “On Labor Pensions in the Russian Federation” are women who have reached 55 years of age, men over 60 years of age, as well as persons recognized (regardless of reaching the specified age) in the prescribed manner as disabled people of group I or II.

The subject of the crime is maintenance. In addition to alimony (Article 80 of the RF IC), they include other additional expenses for children (Art. 86 of the RF IC).

Responsibility under Art. 157 of the Criminal Code of the Russian Federation occurs only in the case when the court decision on the payment of alimony has entered into legal force.

The objective side of the crime provided for in Part 1 of Art. 157 of the Criminal Code of the Russian Federation, is characterized by the failure of a parent (Part 1) and adult able-bodied children (Part 2) to pay without good reason in violation of a court decision or a notarized agreement of funds for the maintenance of minor children, as well as disabled children who have reached the age of eighteen (Part 1 ); disabled parents (Part 2), if this act was committed repeatedly.

The objective side of the crime, as a rule, is expressed in inaction, since the perpetrator does not fulfill the duties assigned to him to support minor children or disabled parents. At the same time, in some cases, the objective side of the crime may be expressed in certain active actions (false information to the bailiff about the place of work, frequent changes of places of work (place of residence), concealment of income or part of it, etc. in order to avoid deductions according to the writ of execution).

The note to Article 157 of the Criminal Code of the Russian Federation states that non-payment without good reason means repeated failure to pay alimony without good reason. What is meant by repeated failure to pay child support?

In accordance with Article 5.35-1 of the Code of Administrative Offenses of the Russian Federation, administrative liability for non-payment of funds for the maintenance of children or disabled parents occurs if alimony is not paid without good reason for two or more months. Thus, if the culprit has not paid child support for two or more months without good reason, he may be brought to administrative responsibility. And if, after the execution of an administrative punishment within a year, a person obliged to pay alimony again fails to pay it without good reason within two months, his actions will constitute a criminal offense provided for by the norm described in this article.

What is meant by non-payment of alimony without good reason? In this part, the objective side of the described composition does not differ from the previous composition “malicious evasion of alimony payment”. Evasion of payment of funds for child support occurs when, although it is possible to pay the necessary funds, the debtor does not pay them. The culprit, having a real opportunity to act, is inactive, which indicates an unwillingness to comply with a court decision or a notarial agreement. It is impossible to bring a debtor to criminal liability if he did not have the practical opportunity to work and exercise his right to work, for example, due to a serious illness.

Failure to pay funds for the maintenance of children or disabled parents, either by a court decision or by a notarized agreement

A court decision is a judicial document containing the result of resolving a dispute on the merits.

A notarized agreement on the payment of alimony has the force of a writ of execution.

Failure to pay without good reason:

Non-payment for 2 or more months;

Bringing to administrative liability under Part 1 of Art. 5.35.1 Code of Administrative Offenses of the Russian Federation;

After bringing the debtor to administrative responsibility after 2 months, the issue of initiating a criminal case is decided

The rights to exemption from payment of arrears of alimony are the following circumstances: disability; loss of ability to work – temporary or permanent; dismissal from work; retirement; bankruptcy of an enterprise; credit obligations; alimony and other civil obligations (for example, payment of compensation for moral damage, alimony to parents); If the alimony payer has changed his family or financial situation, as a result of which difficulties have arisen with the payment of alimony, he should apply to the court with a claim to reduce the amount or change the form of alimony payments. But it will not be possible to acquire the right to terminate your obligations or be exempt from paying the resulting debt.

The corpus delicti of the legislative structure is formal. The crime is considered completed from the moment of committing actions aimed at non-payment of the above funds repeatedly.

The subject of the crime is special: according to Part 1 of Article 157 of the Criminal Code of the Russian Federation, he is a parent who, by a court decision or in accordance with a notarized agreement, is obliged to pay alimony for the maintenance of minor children or adult disabled children, who has already been subjected to administrative punishment for non-payment of funds for child support. A person is considered to be subject to administrative punishment if one year has not passed since the execution of the administrative punishment.

Subjective side: This crime is committed only with direct intent. That is, the culprit deliberately evades payment of funds for the maintenance of children, realizing that he has a real opportunity to pay alimony collected by the court or which the debtor must pay under a notarial agreement.

Question. THEFT

Theft (Article 158 of the Criminal Code of the Russian Federation)

1. Theft, that is, the secret theft of someone else’s property, -

Significant damage to a citizen cannot be less than five thousand rubles.

Large size is the value of property exceeding two hundred and fifty thousand rubles, and especially large - one million rubles.

II. Criminal legal characteristics of the object of the crime.

I find the generic object from the section title

The key generic concept indicating the generic object of the crime is the economic sphere

The economic sphere is a sphere of social life based on a variety of forms of ownership and methods of appropriation established by law, representing the ordered activities of individuals and organizations in the production, exchange, distribution, redistribution and consumption of material goods.

A generic object is social relations aimed at protecting the economic sphere.

I find the species object from the title of the chapter

Key specific concept indicating the specific object of the crime - property

Property – economic and legal status of property; the basis of this status is that it belongs to its owner, immunity from criminal attacks on the rights of ownership, use and disposal of one’s property, as well as the legality of methods for appropriating it.

Species object – social relations aimed at protecting property

The key concept indicating the direct object is “a specific form of ownership.”

Form of ownership is a category to designate the ownership of property by one of four types of subjects of civil legal relations: citizen, legal entity, state and municipal (public) entities.

The subject of the crime is someone else's property

The subject of a crime is a thing, an element of the material world, which is influenced during the commission of a crime.

someone else's property - movable or immovable property that is not owned or legally owned by the offender.

Movable property is things that are not real estate, including money and securities.

Real estate - land plots, subsoil plots and everything that is firmly connected to the land, that is, objects whose movement without disproportionate damage to their purpose is impossible.

Property - money and securities, things like objects of the material world, intended to satisfy various needs and having a price.

III. Characteristics of the objective side of the crime.

According to the disposition of Part 1 of Art. 158 of the Criminal Code of the Russian Federation, the objective side of the crime is defined as the secret theft of someone else's property.

Theft is the unlawful gratuitous seizure and (or) conversion of someone else's property in favor of the perpetrator or other persons, which caused damage to the owner or other holder of this property.

By design, the composition of theft is material. The theft is considered completed if the property is confiscated and the perpetrator has a real opportunity to use it or dispose of it at his own discretion.

Fraud

Article 159. Fraud

Article 159.1. Credit fraud

Article 159.2. Fraud in receiving payments

Article 159.3. Fraud using payment cards

Article 159.4. Business fraud

Article 159.5. Insurance Fraud

Article 159.6. Computer fraud.

(see text in the previous edition) Fraud, that is, the theft of someone else's property or the acquisition of rights to someone else's property through deception or abuse of trust.

II. Criminal legal characteristics of the object of the crime.

I find the generic object from the section title

The key generic concept indicating the generic object of the crime is the economic sphere

Sphere of economics - founded

The meaning of the object of a crime in criminal law

The meaning of the object of the crime is as follows:

is of fundamental importance , since it allows us to understand what social relations at this stage of development are protected by criminal law.
is a mandatory element of every criminal act, allowing the act to be recognized or not recognized as a crime.
serves as a criterion influencing the structural construction of the Special Part of the Criminal Code of the Russian Federation.
allows you to qualify a crime under a specific article of the Criminal Code.
allows you to distinguish between related crimes, as well as crimes and other offenses (administrative offenses and civil torts).
characterizes the nature and degree of social danger of a criminal act, which is of great importance when assigning punishment .

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