Single complex crime: concept, composition and qualifications

The concept of crime in criminal law

Crime in science is understood as negative active or passive activity of people, which is the most dangerous for society of all existing forms. It can be directed by a person to another person, to the state, to nature, to the normal development of a child, and much more.

What the crime is aimed at is called the object. In the Criminal Code of the Russian Federation (hereinafter referred to as the Criminal Code of the Russian Federation), all acts of criminal persons are listed depending on the object. The crime disrupts the normal existence and development of the entire society and state, which is why the authorities punish the person who commits it. In criminal law there are many different classifications of crimes based on various grounds and criteria.

What is a single crime?

Scientists and practitioners under a single crime mean a criminal act or inaction of a person who represents the elements of one crime, and its qualification is carried out according to one part and article of the Criminal Code of the Russian Federation. A person commits a crime by one or more acts that can lead to one or more consequences, the main thing is that when qualifying, the court indicates one part of the article of the Criminal Code of the Russian Federation. In this case, we will talk about the concept of a single crime, and we will learn about complex single crimes further. In practice, the latter is often confused with multiplicity of crimes. This refers to cases where a person commits two or more crimes one after another, each of which entails criminal liability and punishment.

General signs of a set of crimes:

two or more crimes have been committed (the independence of crimes is evidenced by such circumstances as their different objective side, the absence of a single intent to commit similar actions, different objects of encroachment);
one of the crimes is not a sign of another crime . The commission of one act by a person, characterized by several elements of a crime provided for by various parts or paragraphs of one part of one article of the Criminal Code of the Russian Federation, does not form a set of crimes. Thus, the commission of theft with illegal entry into a home (clause “a”, part 3, article 158 of the Criminal Code of the Russian Federation) on an especially large scale (clause “b”, part 4, article 158 of the Criminal Code of the Russian Federation) does not form a set of crimes;
all crimes retained legal consequences (for the totality, it is necessary that for each of the crimes the possibility of criminal prosecution is retained. Firstly, a person should not be subject to exemption from criminal liability due to the expiration of the statute of limitations; secondly, the acts at the time of prosecution liability is not decriminalized; thirdly, criminal prosecution for the commission of these crimes should not be terminated by virtue of an amnesty act. If at least one of these conditions is present, then the committed acts cannot be recognized as a totality);
the person was not convicted for any of them , i.e. no conviction was made against him (what matters is not the moment the previous sentence entered into legal force, but the time of its passing. Consequently, the totality of crimes takes place both before the person is convicted of committing a crime, and after, and not before the sentence comes into legal force );
the crimes committed are not provided for by the articles of the Special Part of the Criminal Code of the Russian Federation as a circumstance entailing a more severe punishment (for example, the infliction of grievous harm to health (Article 111 of the Criminal Code of the Russian Federation), which entailed causing death by negligence to the victim, does not form a set of crimes, although causing death by negligence is provided for independently Article 109 of the Criminal Code of the Russian Federation. In this case, causing death by negligence is a circumstance entailing a more severe punishment, which excludes the presence of a set of crimes).

The presence of a set of crimes is also recognized in the following cases:

1) one crime is completed, and another, identical criminal act is interrupted at the stage of preparation or attempt (for example, in one case the theft is completed, in the other there was an attempted theft);

2) in one crime a person acts as a perpetrator, and in another - an organizer, instigator or accomplice.

Single crime classification

According to their composition and structure, such crimes are divided into two groups - simple and complex. Simple ones include those that are aimed at one object, are characterized by one action or inaction, entail one consequence, and the criminal has one intent and one form of guilt.

For example, theft, which in the Criminal Code of the Russian Federation is disclosed as the theft of someone else's property, which is carried out secretly so that neither the owner nor other witnesses see it. Theft disrupts the relationships that develop regarding material things and property. In such a crime, one action is performed - someone else's property is confiscated secretly from the owner. The criminal’s intention is to get rich; it has a direct form. This means that the person was aware of the danger of his actions and desired the consequences. In contrast to a simple crime, there is a single complex crime, which in practice occurs much more often than the first.

Single crime and its types

A single crime is an act that contains elements of one crime and is classified under one article or part thereof.

For example, citizen N. illegally entered the apartment of neighbor S. against his will without the use of violence or the threat of violence. — Citizen N. is subject to criminal liability under Part 1 of Art. 139 of the Criminal Code of the Russian Federation.

Considering that the elements of all crimes are different, even isolated crimes can be both simple and complex .

A simple single crime is a crime that encroaches on one object, is committed by one act (action or inaction), entails one consequence (if the composition is material) and is characterized by one form of guilt.

An example of a simple single crime:

murder, that is, intentionally causing the death of another person (Part 1 of Article 105 of the Criminal Code of the Russian Federation).
theft, that is, the secret theft of someone else's property (Part 1 of Article 158 of the Criminal Code of the Russian Federation).

A complex single crime is a crime complicated by any element (or set of elements) of the objective or subjective side of the crime, but which, nevertheless, is qualified under one article or part of an article of the Criminal Code of the Russian Federation.

The following types of complex single crimes :

composite;
lasting;
continued;
crime with alternative actions;
a crime with additional grave consequences (crimes with two forms of guilt), etc.

A compound crime is a crime that includes two or more actions (inactions), each of which can be an independent crime, but together form a specific single crime. Such crimes are also called dual-object crimes, since they encroach on 2 objects at once.

For example, during robbery (Part 1 of Article 162 of the Criminal Code of the Russian Federation), a person not only steals someone else’s property, but also uses violence that is dangerous to life or health, or threatens to use it. If we exclude the use of violence or the threat of its use when committing the theft of someone else's property, then this will no longer be a crime, but theft or robbery. At the same time, violence itself or the threat of its use may be independent criminal acts.

Thus, the legislator has constructed certain elements of crimes in such a way that only a combination of elements (in this case, objective signs) provides grounds for recognition of a specific criminal act, which is a single crime.

Examples of compound single crimes:

rape, that is, sexual intercourse with the use of violence or with the threat of its use against the victim or other persons, or using the helpless state of the victim ( Part 1 of Article 131 of the Criminal Code of the Russian Federation ) (two objects - sexual freedom and health);
robbery, that is, 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 (Part 1 of Article 162 of the Criminal Code of the Russian Federation ) (two objects - property and health).

A continuing crime is a crime with a characteristic initial act of action (inaction), which then extends over time. For example, the corpus delicti provided for in Part 1 of Art. 337 of the Criminal Code of the Russian Federation “Unauthorized abandonment of a unit or place of service”, is characterized by the fact that the guilty person leaves the unit or place of service without permission (initial act) and then does not appear there (extent in time).

Examples of ongoing single crimes:

evasion of conscription for military service in the absence of legal grounds for exemption from this service ( Article 328 of the Criminal Code of the Russian Federation );
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 was committed repeatedly ( Part 2 of Article 157 of the Criminal Code of the Russian Federation ).

A continuing crime is a crime with identical criminal acts committed, covered by a single intent and a single purpose, which extend over time and are committed repeatedly. A single simple crime, for example, theft, can also become a continuing crime, if the perpetrator over a period of time steals from the library 1 volume of a rare collection of works in 10 volumes, with the intention of stealing the entire collection.

A continuing crime must be distinguished from a continuing crime , the similarity of which is manifested in the fact that they extend over a time interval. But if a continuing crime has a clearly defined initial criminal act, then in continuing crimes several similar criminal acts are committed.

Examples of ongoing single crimes:

infliction of physical or mental suffering through systematic beatings ( Part 1 of Article 117 of the Criminal Code of the Russian Federation );
organization or maintenance of brothels or systematic provision of premises for the consumption of narcotic drugs, psychotropic substances or their analogues ( Part 1 of Article 232 of the Criminal Code of the Russian Federation ).

A crime with alternative actions is a crime whose disposition contains several options for a possible criminal action (inaction), and in order to recognize the crime as committed, it is sufficient to commit any of them. At the same time, if the perpetrator simultaneously commits two or more actions provided for in the disposition of the article, the qualification will not change.

For example, in Part 1 of Art. 228.1. The Criminal Code of the Russian Federation establishes criminal liability for the illegal production, sale or transfer of narcotic drugs, psychotropic substances or their analogues. If a person commits at least one of the options for a criminal act listed in the article, namely, illegally produces, or sells, or transfers such a drug, then he will be subject to criminal liability under Part 1 of Art. 228.1 of the Criminal Code of the Russian Federation. The same qualification will apply if a person not only produces, but also sends prohibited substances.

Examples of crimes with alternative actions:

illegal production, alteration or repair of firearms, their main parts (with the exception of firearms of limited destruction), as well as illegal production of ammunition for firearms (Part 1 of Article 223 of the Criminal Code of the Russian Federation ).
high treason, that is, espionage committed by a citizen of the Russian Federation, the issuance to a foreign state, international or foreign organization or their representatives of information constituting a state secret, entrusted to a person or becoming known to him through his service, work, study or in other cases provided for by the legislation of the Russian Federation, or providing financial, logistical, consulting or other assistance to a foreign state, international or foreign organization or their representatives in activities directed against the security of the Russian Federation ( Part 1 of Article 275 of the Criminal Code of the Russian Federation ).

A crime with alternative consequences is a crime that, when an action (inaction) specified in the disposition of an article (part of an article) of the Criminal Code of the Russian Federation is committed, may entail various consequences, which does not affect the qualification of the crime.

For example, the unlawful use of insider information (Part 1 of Article 185.6 of the Criminal Code of the Russian Federation) constitutes a criminal offense if it caused major damage to citizens, organizations or the state or is associated with the extraction of income or the avoidance of losses on a large scale. Those. the consequences for qualification are equivalent - either damage to third parties or personal enrichment on a large scale.

Examples of crimes with alternative consequences:

carrying out business activities without registration or without a license or without accreditation in the national accreditation system or accreditation in the field of technical inspection of vehicles in cases where such a license, accreditation in the national accreditation system or accreditation in the field of technical inspection of vehicles is mandatory, if this act caused a major damage to citizens, organizations or the state or is associated with the extraction of income on a large scale, except for the cases provided for in Art. 171.3 of the Criminal Code of the Russian Federation ( Part 1 of Article 171 of the Criminal Code of the Russian Federation );
intentional infliction of serious harm to health, dangerous to human life, or resulting in loss of vision, speech, hearing or any organ or loss of organ functions, termination of pregnancy, mental disorder, drug addiction or substance abuse, or resulting in permanent disfigurement of the face, or causing a significant permanent loss of general ability to work by at least one third or, knowingly for the culprit, a complete loss of professional ability to work ( Part 1 of Article 111 of the Criminal Code of the Russian Federation ).

A crime complicated by additional grave consequences is a crime in which there are two types of consequences that have different legal meanings: in relation to the main consequences, guilt is expressed in the form of intent, in additional consequences - in the form of negligence. It is precisely such acts that are crimes with two forms of guilt.

Classic examples of such crimes: in a fight, the perpetrator hit the victim in the face with his fist, the latter, falling, hit the curb, received a traumatic brain injury and died (Part 4 of Article 111 of the Criminal Code of the Russian Federation). Or the culprit was holding a hostage, who escaped, and in order to escape, jumped from a high floor of the building and fell to his death (Part 3 of Article 206 of the Criminal Code of the Russian Federation). It is obvious that in these situations the perpetrators did not want to cause the death of the victims, therefore their guilt in relation to such a grave additional consequence is characterized by negligence.

Examples of crimes with additional grave consequences:

capture or retention of a person as a hostage, committed for the purpose of forcing a state, organization or citizen to perform any action or refrain from performing any action as a condition for the release of the hostage, if they negligently resulted in the death of a person or other grave consequences ( Part 3 Article 206 of the Criminal Code of the Russian Federation );
intentional destruction or damage to someone else's property, resulting through negligence in the death of a person or other grave consequences ( Part 2 of Article 167 of the Criminal Code of the Russian Federation );
intentional infliction of serious harm to health, dangerous to human life, resulting in the death of the victim through negligence ( Part 4 of Article 111 of the Criminal Code of the Russian Federation );
rape, resulting through negligence in the death of the victim ( clause “a”, part 4, article 131 of the Criminal Code of the Russian Federation ).

A careless crime with a “false” double guilt (crimes with administrative prejudice) is a careless crime, before the commission of which the person was subject to administrative punishment.

Examples of careless crimes with a “false” double guilt (crimes with administrative prejudice):

driving a car, tram or other mechanical vehicle by a person in a state of intoxication, subject to administrative punishment for driving a vehicle while intoxicated or for failure to comply with the legal requirement of an authorized official to undergo a medical examination for intoxication (Part 1 of Article 264.1 of the Criminal Code of the Russian Federation );
unauthorized extraction of amber, jade or other semi-precious stones by a person subjected to administrative punishment for a similar act provided for in Art. 7.5. Code of Administrative Offenses of the Russian Federation ( Part 2 of Article 255 of the Criminal Code of the Russian Federation ).

Along with single crimes, criminal law distinguishes between multiple crimes , which can be represented by a set of crimes (Article 17 of the Criminal Code of the Russian Federation) or recidivism of crimes (Article 18 of the Criminal Code of the Russian Federation).

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Brief description of a complex crime

Complex single crimes are those acts of a person that encroach on two or more objects, and the actions or inactions are complex and sequential, consisting of several stages. At the same time, the criminal’s two forms of guilt or his actions entail several consequences: basic and additional. In turn, this group of criminal acts has several forms, which will be discussed below. The main feature of this type is multidimensionality, versatility. It is much more difficult to investigate and prove such a composition than the first group.

Ongoing crime

A continuing crime is an act that consists of a number of identical or identical criminal actions (acts of inaction), has a common goal, is covered by a single intent and generally constitutes one crime.

Distinguishing a continuing crime from a continuing crime:

Unlike a continuing crime, a continuing crime consists of repeated commission of identical (identical) acts, while the criminal activity is considered completed from the moment the last of them was committed.

Continuing crimes include, for example, torture, expressed in causing physical or mental suffering through systematic beatings or other violent actions (Article 117 of the Criminal Code), consumer deception (Article 200 of the Criminal Code), etc.

The specificity of the objective side of a continuing crime lies in the fact that the committed actions (acts of inaction) are united not only by relatively short periods of time between them, but also by a single method of committing the act, as well as the occurrence of homogeneous consequences.

From the subjective side, a continuing crime is characterized by the presence of the same form of guilt, the same motives and a single goal of criminal activity.

Double form of guilt: what is it and how to define it?

It is clear that a complex crime is characterized by two or more objects, sequential actions, consequences and forms of guilt. If the first components are clear, then the forms of guilt are a complex concept.

It must be understood clearly. In general, guilt is a person’s attitude towards what he has done. There is guilt in the form of intent, and there is in the form of negligence. In the first case, the person wanted and understood the essence of what was happening; in the second, he did not mean that it could cause harm, but with due care he should have understood this. Double guilt forms complex forms of a single crime, in which the person had intent in relation to the main crime, and negligence in relation to the consequences that occurred. Both the first and second forms of guilt are divided into several types, so the milking form of guilt may also imply a combination of them.

Guilt can be determined by the degree of preparedness for the crime, the actions preceding the commission of the act, whether the person repents or not, and whether he helps the investigation. All these are assessment categories, so you need to rely on the literacy of police officers.

Classification

For convenience, all single complex crimes are divided into several types:

Lasting. These are cases where the crime begins when the offender commits the act and continues until the police or someone else stops it. That is, a person creates a criminal state that can last an indefinite amount of time. For example, possession of a firearm that a person purchased illegally without obtaining a license. Evasion of child support is also a continuing crime, but it illustrates criminal omission.
Continuing crime. Based on the name, you might think that it is similar to the first type, but this is actually not the case. In this case, we are talking about the commission of a number of identical actions by a person, each of which constitutes a crime. At the same time, they are covered by a single goal. The beginning is the commission of the first action, and the end is the end of the last action or the cessation of their execution by police officers. For example, the theft of food products by the manager of a warehouse, in parts over two years. In this case, things were stolen in small parts every week, resulting in one crime.
Composite. As in the previous form, it consists of two or more independent crimes that can be considered separately. They are a single crime only because they are covered by a specific part of the article of the Criminal Code of the Russian Federation. For example, escaping with violence. There are two separate crimes here, but there is a specific part of the article that combines them and turns them into a single complex crime. As a rule, it is provided for by a specific part of a certain article, this is called a qualified crime.

You should be careful with the above types of single complex crimes; they have much in common with multiplicity, as discussed earlier. These are two different phenomena in criminal law; in no case can they be identified.

Continuing crime

The specificity of the objective side of some crimes led to the identification of such a complex single crime as a continuing crime, in the commission of which an action or inaction is associated with a subsequent more or less prolonged failure to fulfill the obligations imposed on the perpetrator by law under the threat of criminal punishment.

Signs of an ongoing crime:

continuous implementation of a certain criminal act;
committed over a relatively long period of time.

Examples of crimes called continuing include unlawful imprisonment (Article 127 of the Criminal Code), malicious evasion of payment of funds for the maintenance of children or disabled parents (Article 157 of the Criminal Code), evasion of repayment of accounts payable (Article 177 of the Criminal Code), unauthorized abandonment unit or place of service (Article 337 of the Criminal Code), etc.

A continuing crime begins and forms the completed corpus delicti of a specific crime:

or from the moment of committing the first criminal act (for example, when leaving a unit or place of service without authorization (Article 337 of the Criminal Code) - from the moment of leaving the territory or place of service without the legal permission of the commander (chief)),
or from an act of criminal inaction (for example, when evading military and alternative civil service (Article 328 of the Criminal Code) - from the moment of failure to appear on a summons at a recruiting station or other designated place without good reason).

A continuing crime ends due to:

or the actions of the guilty person himself, aimed at stopping the crime (for example, turning himself in),
or the occurrence of events that prevent the further commission of a crime (for example, intervention by authorities),
or when the obligation itself, the failure of which constituted the content of a continuing crime, has disappeared (for example, with the death of a child or a disabled parent, the obligation of the offender to pay funds for their maintenance, by a court decision, ceases).

A continuing crime, regardless of the duration of its implementation, is considered as one (single) crime.

Crime with alternative actions

It is not included in the official classification of types of single complex crimes, but a crime with an alternative is no less important. Their peculiarity lies, first of all, in listing the types of actions or inactions in the article.

The presence of one of these actions in a person’s act is a full-fledged crime. A striking example of this type is Art. 228 of the Criminal Code of the Russian Federation, which describes the crime of illegal acquisition, manufacture, storage for the purpose of sale or transportation, processing of drugs and psychotropic substances. There are several different actions listed here, the presence of at least one of them is a crime. As you can see, complex individual crimes are very diverse, interesting, and cover a wide range of acts.

The concept of qualifications in criminal law

Qualification, first of all, refers to the complex activities of special persons, which consists in the correlation of the signs of a crime outlined in the article of the Criminal Code of the Russian Federation with the act actually committed. The result is a specific document that indicates the person suspected, accused or convicted of a crime, the specific part and article under which the act falls, as well as the responsibility, type and amount of punishment that will be assigned to the offender. Qualification can be carried out by investigators, interrogators, prosecutors, the court - these are all specially authorized police officers. Students, scientists, and teachers can also conduct it, in which case the qualification will not have any legal significance.

Qualification of complex individual crimes

The correlation and analysis of such crimes is a complex work, in which many questions and problems arise in practice.

That is why there are several rules that are presented below:

First of all, it is important to remember, no matter how many seemingly independent crimes a person may commit, they must all be covered by a single intent.
It is necessary to find a rule of law that combines all the signs of a crime as a single one. If there are several standards that are similar to each other, you need to choose the one that most accurately and closely relates to the real case.
The Criminal Code of the Russian Federation has a general and a special part; one must constantly refer to the first; it defines general concepts and phenomena that provide guidance in working with the second part.
The actions of a person must have all the hallmarks of a crime, and not an offense or other illegal act. Otherwise, prosecution under criminal law is impossible.

Official website of the Supreme Court of the Russian Federation

The highest authority considered the complaint of the victim in the case of fraud: a resident of Cheboksary for several years systematically paid a fortune teller rewards for removing damage. As a result, the swindler was convicted of fraud, but while the trial was ongoing, the victim indicated that the defendant stole 300 thousand rubles from her four more times, as well as a set of pots.

The investigation opened a new criminal case, but the court dismissed the case based on the newly identified episodes due to the existence of a final verdict on the same charge.

The court considered the additional facts of theft to be only episodes of a continuing crime that are not subject to independent legal assessment. And the court completely excluded the episode of the theft of a set of dishes from the charges, explaining that the victim did not indicate these facts either during her interrogation or during her initial appeal to law enforcement agencies and the investigation of the criminal case.

The court recognized the right to rehabilitation for the accused. The Supreme Court of Chuvashia agreed with this decision, and the Sixth Court of Cassation of General Jurisdiction left it unchanged.

Position of the Armed Forces

The court of first instance motivated the need to terminate the criminal case by the fact that the accused had already been convicted of fraudulent actions based on the theft of the victim’s property, and under similar circumstances as indicated in the new statement. This, in particular, is evidenced by the same place where the crime was committed and the subject of the theft, the court indicated, also noting that the circumstances of the criminal cases are completely the same, the difference is only in the amounts of stolen funds. The actions of the defendant in both criminal cases are identical, committed with the same purpose, intent, object of attack, during the same established period of time. At the same time, the inextricable connection of the actions of the accused, indicated in the charge brought against her in this criminal case, with a single ongoing crime for which she has already been convicted, does not allow us to consider the circumstances established in this criminal case as independent crimes by virtue of the provisions, since new facts of theft of money means are only episodes of a continuing crime for which she has already been convicted, and are not subject to independent legal assessment.

The panel of judges believes that the court decisions taken in this criminal case are subject to cancellation.

The Supreme Court recalled that, according to the verdict in the first case, the court found that in the period from December 9, 2015 to February 8, 2017, the accused received from the victim 28 money transfers totaling more than 4 million rubles for help in treating her son.

“Thus, finding (the defendant) guilty of fraud, the court found that she committed a number of acts at different times and caused various material damage to the victim,” the Supreme Court points out.

He also recalls that from the text of the first verdict it is clear that during the trial the victim stated that in addition to the episodes stated in the indictment, cash, a set of pots, and also money transfers were stolen from her. At the same time, the victim indicated that she had not previously reported these facts, since a long time had passed and at that time she did not have the necessary information, however, having received this information, she gave it to the investigator, who did not interrogate her again on these facts.

“The court, when rendering a guilty verdict, indicated in the descriptive and motivational part that the victim’s arguments about the absence in the indictment of information about the theft of the victim’s funds based on the facts specified by her cannot be the basis for returning the criminal case to the prosecutor, since she is not deprived of the opportunity to appeal to police authorities with a corresponding statement in accordance with Articles 140, 141 of the Code of Criminal Procedure of the Russian Federation,” explains the Supreme Court.

Thus, the circumstances of the crime established by the verdict of May 16, 2021, which entered into legal force, and the description of the act in this criminal case in terms of their volume, content and time of theft do not coincide, since in the first case (the defendant) was not accused of cash theft funds, a set of pots, as well as four money transfers each time in the amount of 300 thousand rubles, the Supreme Court believes.

“At the same time, when deciding to terminate the criminal case, the court of first instance did not take into account that the peculiarity of a continuing crime, consisting of a number of identical criminal acts for which the defendant was convicted, is that each of the acts included in the continuing crime, has all the necessary signs of a crime, while each of such acts has a different time, place, and circumstances of commission from the others.

These acts are united only by the presence of a single intent on the part of the perpetrator, aimed at achieving a single goal, and the same legal assessment of each of them under one article of the Special Part of the Criminal Code of the Russian Federation, but this does not prevent the possibility of independent legal qualification of a newly identified episode of crime.

The court's conclusion about the need to terminate the present criminal case, in connection with the existence of a verdict on the same charge that has entered into legal force, cannot be considered justified because the episodes of the crimes were not included in the scope of the previously charged charge on which the verdict was passed, so we are talking about “double jeopardy” cannot happen,” the Supreme Court emphasizes.

The panel of judges also considered it necessary to draw attention to the distortion of the conclusions contained in the rulings of the Constitutional Court of the Russian Federation, given in support of their decisions by the courts of appeal and cassation.

According to the legal position of the Constitutional Court, it is unacceptable to change or supplement a previously brought charge in connection with the commission of a crime by a person, on the basis of which a criminal case has not been initiated (rulings of October 21, 2008 No. 600-О-О, September 23, 2010 No. 1216-0- 0, January 24, 2013 No. 47-O).

“The determination of whether the actions incriminated to a person are part of the crime for which a criminal case has been initiated, or whether they form an independent crime in relation to which a new criminal case should be initiated, falls within the competence of authorized prosecutors and courts of general jurisdiction, that is, law enforcement agencies. organs,” notes the Armed Forces.

That is, in fact, the actions of the accused in a number of crimes committed, for which a new criminal case was opened, were left by the court without any legal assessment, which violates the rights of the victim, the protection of whose rights and legitimate interests criminal proceedings are intended to do, and deprives the victim of the opportunity to compensate for material damage in this part.

In connection with this, the Supreme Court overturned the decision to terminate the second case against the fortune teller and transferred the materials for a new trial to the Kalininsky District Court of Cheboksary.

Alice Fox

Examples of complex crimes from the Criminal Code of the Russian Federation

Moving on to examples, we will pay attention to compound crimes, since they are the most complex and confusing.

Part 3 art. 313 of the Criminal Code of the Russian Federation discloses such a crime as escaping from a place of deprivation of liberty, during which violence was used that was recognized as dangerous to the life or health of the victim, or with a real threat of using such violence. Causing harm to human health is a separate crime, as is escape. It is impossible to qualify them as separate crimes, since there is part 3 of Art. 313 of the Criminal Code of the Russian Federation.
Part 3 art. 159 of the Criminal Code of the Russian Federation describes the crime of fraud using one’s official position. In this case, two crimes came together into one offense - fraud and abuse of official powers and their use for personal gain.

In Art. 105 of the Criminal Code of the Russian Federation there is a sign - murder associated with kidnapping. The latter forms an independent crime, designated in a separate article, although in Art. 105 he combines with murder.

Dealing with complex individual crimes using the examples provided above is much easier than studying the basics of theory. Let us note that it is extremely important to analyze each actually committed act into small parts in order not only to correctly qualify it, but also to understand the essence of crime as a whole.