Criminal omission
Unlike a criminal act, which consists of active actions and body movements aimed at causing harm, inaction consists of passive behavior, failure to perform actions that a person should have performed.
During the period of criminal legal inaction, a person can act, but his actions are neutral for criminal law. So, if an airport dispatcher, instead of monitoring the radar readings and directing the takeoff and landing of aircraft, had a telephone conversation with his friend, he was inactive from the point of view of criminal law.
“Criminal inaction is not a vague “dangerous state” of the criminal, but specific behavior that has certain boundaries in time and space.
The main features of criminal inaction (as well as actions) are its social danger and the resulting illegality, which are considered in the specific circumstances of the place, time and situation in which the crime was committed.”
Thus, inaction
in the criminal legal sense, this is the failure to perform those actions that a person should and could have committed, or the failure to prevent the occurrence of such consequences that the person was obliged to prevent.
“The social and legal meaning of inaction is a type of human intervention in objective processes: by “unleashing” the harmful forces of nature, or by condoning the antisocial actions of others, or, finally, by using technical means.”
In social life, when people's behavior is interconnected and conditioned, a harmful result can be caused not only by active actions, but also by inaction. Thus, a train crash can occur due to the driver exceeding the speed limit, driving through a prohibitory semaphore signal, or due to the fact that the railway station dispatcher did not move the switch in a timely manner and took the train onto the occupied track.
We cannot agree with the opinion of Professor M.D. Shargorodsky, who wittily stated that “inaction is nothing, and nothing can give birth to something.” Corresponding Member of the USSR Academy of Sciences, Professor A.A. rightly pointed out. Piontkovsky: “Under certain conditions, a person’s inaction is not “nothing”, but is a definite behavior.
The inaction of one person can in a certain way determine the behavior of another person, force him to remain inactive or take any active actions.” Thus, an airport dispatcher, having instructed the plane to land, ceases to control the situation for some time, being distracted by personal matters. At this time, the plane, which occupied the runway and was supposed to take off, remained on the runway due to an engine stop.
Since the controller was inactive and did not give the command to the descending aircraft to gain altitude and enter the second approach, the aircraft continued its descent and an accident occurred.
Professor A.A. Piontkovsky also Fr.
“Human inaction is not a zero in the world of reality and not a purely internal act of mental activity, but a material factor, the passive behavior of people objectified externally.”
Failure to provide medical care
If, without serious reasons, medical assistance was not provided to a person, while the person was obliged to provide it in accordance with regulations, then criminal liability arises in accordance with Art. 124 of the Criminal Code of the Russian Federation.
Important!
Doctors have a special responsibility - people's lives are in their hands. This is why medical negligence is not forgiven. The Criminal Code of the Russian Federation does not forgive them either - medical negligence can result in imprisonment for up to 7 years.
In a situation where failure to provide medical care resulted in moderate harm to the victim, the punishment may be as follows:
- A fine of up to 40,000 rubles or the total income of the offender for three months.
- Mandatory work lasting up to 360 hours.
- Correctional labor for up to twelve months.
- Arrest for a period of four months.
If failure to provide assistance led to the death of the victim or serious harm to his health, but the punishment will be more severe:
- Forced labor for up to 4 years.
- Imprisonment for up to 4 years
In this case, according to a court decision, the perpetrator may lose the right to engage in certain activities for three years.
What is called mass media?
Author of the question: Shevchenko M. Created: 12/02/21
“mass media” means a periodical printed publication, online publication, television channel, radio channel, television program, radio program, video program, newsreel program, other form of periodic dissemination of mass information under a permanent name (name); a periodical printed publication means a newspaper, magazine, almanac, bulletin, or other publication that has a permanent name (name), current issue and is published at least once a year;
Answered by: Afanasyev K. 12/02/21
action and omission in criminal law
An act is understood as a guilty action or inaction of a person prohibited by criminal law (Part 1 of Article 14 of the Criminal Code of the Russian Federation). Unlike other signs of the objective side, the act is a necessary sign of each crime.
Socially dangerous is an act that encroaches on objects of criminal legal protection, causes them significant harm or puts these objects at risk of causing such harm.
Inaction of the investigator
Visitors to the legal consultation asked 51 questions on the topic "". On average, the answer to a question appears within 15 minutes, and to a question we guarantee at least two answers that will begin to arrive within 5 minutes!
On the evening of June 4, 2012, the garage was robbed. On the 5th (Tuesday) at noon I discovered the theft. Approximate damage 75,000 rubles. A criminal case has been opened. They interrogated haphazardly, and not everyone.
Question 297. Criminal act (action and inaction) and its features
A criminal act is illegal, socially dangerous behavior, expressed in active actions or passive behavior. In Russian, deed means “action, deed, accomplishment.” In its physical properties, crime is no different from other human actions.
Recommended reading: Porsche Cayenne robberies
Physical. An act of human behavior, which consists of body movements - physical impact on the subject of a crime or on objects of the external world, gestures, uttering words and expressions.
Civil claim against the Treasury for inaction of the inquirer and investigator
I am interested in opinions regarding the following situation: after the initiation of a criminal case (Article 330, part 1 arbitrariness), the inquiry officer, then the investigator, did not take measures to search for property, did not recognize the property as material evidence, and repeatedly issued illegal termination orders. Everything listed has already been established and proven (124, 125 of the Code of Criminal Procedure).
Based on the court rulings finding unlawful acts and omissions, I filed a claim for damages.
Action and omission in criminal law
Socially dangerous acts of a person are manifested in the commission of active volitional actions (criminal action) or in passive volitional behavior, in abstaining from committing actions (criminal inaction) that were obligated to do. In criminal law, both concepts - action and inaction - are covered by the general term " act".
Acts are the main feature of the objective side of a crime. We are talking about a legally significant action that is controlled by a person’s consciousness (volitional action) and which is prohibited by law. Impulsive reactions and reflex movements, i.e., cannot be recognized as an act in the criminal legal sense, i.e.
Gateway link
Criminal law, when defining individual behavior, uses data from psychology and sociology, introducing its own specifics into this definition. The object of study of criminal law is human behavior, which is understood as the external manifestation of human will. Criminal law does not study the inner world of a person, his thoughts, mood, motivations in isolation from his actions or abstention from performing any duties.
How to correctly write and file a complaint against the actions (inaction) of the resolution and other decisions of the investigator, inquiry officer and prosecutor (in accordance with Articles 124, 125 of the Code of Criminal Procedure of the Russian Federation), to the prosecutor and to the court
How to correctly write and submit a complaint against the actions (inaction) of the resolution and other decisions of the investigator, inquiry officer and prosecutor (in accordance with Articles 124, 125 of the Code of Criminal Procedure of the Russian Federation), to the prosecutor and to the court.
I have previously written about how to correctly write and submit a statement about a crime. An article about this was published on my website https://prokhorova.info/articles/37929 - April 1, 2013, in the “Lawyer Advice” section.
Socially dangerous act and its forms
The act is always specific and is committed by the guilty person in certain conditions, place, time, i.e. it is always a manifestation of human behavior in the outside world. In cases where such behavior is prohibited by the Criminal Code, it is recognized as socially dangerous and illegal.
A socially dangerous act manifests itself:
A negative attitude towards legally protected interests that is not expressed in the commission of a specific act, a way of thinking, or an expressed intention to commit a crime are not covered by the concept of an act.
Socially dangerous action or inaction in criminal law
In order for a person’s behavior to be regarded as a crime, it is very important that an action or inaction be carried out that entails socially dangerous consequences and is indicated in the Criminal Code as unacceptable.
In criminal law, the concept of “action and inaction” is conditional and is revealed as a type of conscious and volitional human behavior.
With each of his illegal acts or inactions, the subject enters into certain relationships with other people and the public good, affecting them in a negative way.
- Illegal action
- Criminal omission
Illegal action
In criminal law, “action” means an active form of external volitional behavior of a person.
Crimes that were committed by just one offense and have one consequence are usually called simple, and those offenses that are based on one illegal behavior that led to several consequences or several actions that led to one consequence are called complex crimes. Complex offenses include:
- compound - offenses that are united by one intent, but occur in several stages;
- continued - a crime consisting of a series of constant actions, for example, bringing girls into sexual slavery abroad;
- continuing - a crime that, having begun with one active action, then continues to be carried out for a certain time, for example, illegal possession of weapons;
- crimes consisting of alternative or repeated actions.
To determine complex acts as part of a crime, the disposition of articles of the Criminal Code is revealed using the terms “activity” (Articles 169, 173, 174), “systematicity” (Article 151) and “repeatedness” (Articles 154, 180).
An example of a complex act would be robbery with violence. In this situation, in order to achieve the primary goal of stealing property, the criminal applied force to the victim, which caused minor harm to his health.
In fact, there are two offenses - robbery and violence. Each of them, if considered in isolation, forms an independent crime, specified in separate articles.
In a situation with complex criminal acts, one act acts as a way to commit the second.
The unit of measurement of an action is the movement of the body, that is, the offense can be expressed in one movement or in their multiplicity.
All movements of the subject’s body must be purposeful and united by the goal into a single volitional act of illegal behavior. Involuntary acts of movement that do not express the will of the subject cannot be qualified as illegal.
An example of such a situation would be a convulsion from an electric shock, in which the perpetrator of the crime pushed his wife out of the window.
Illegal acts can also be divided into: physical and informational. In the case of physical actions, human anatomical data will be used - muscles and physical strength.
An information illegal act consists of transmitting certain information to other persons and is expressed in verbal form, semantic gestures, and expressive movements.
With the help of information illegal acts, crimes such as disclosure of military secrets, blackmail and threats are carried out.
Some crimes are characterized by combined actions, that is, both physical force and verbal influence are used in the crime. An example is robbery with threat of violence.
Criminal omission
Inaction is a passive form of behavior, which consists in the subject’s avoidance of certain actions that he could perform in the current situation. In criminal law, inaction, as a form of volitional behavior, does not mean doing nothing; it is a form of behavior that expresses the specific life position of the subject in society.
According to the legislation of the Russian Federation, a person can be held accountable for inaction only in cases where the subject of the crime, under the prevailing conditions, has a direct obligation to act, and he can fulfill these obligations. A person’s obligation may be determined by a contract, official obligations, or may arise from the law or for other reasons described in the Criminal Code.
In criminal practice, inaction is much less common than a criminal act. Through inactivity, criminal acts such as leaving one in danger (Article 135), failure to provide assistance (Article 136), and improper performance of parental responsibilities (Article 137) can be carried out.
As mentioned above, inaction is a passive form of action, however, this characteristic does not apply to every action of a person at the time of committing a crime.
A striking example of criminal inaction would be a situation in which the dispatcher went for a smoke break, leaving the remote control unattended, and as a result, one of the planes crashed.
It follows that when assessing the possibility (or impossibility) of a subject to perform a number of actions, one should take into account the situation, place and time, as well as the content of the duties assigned to a particular person.
Criminal inactivity, like an unlawful act, can be determined in one act or may consist of several stages of passive behavior. The duration of passive behavior may occur in a situation where an official regularly fails to fulfill his duties (Article 367). It should be noted that criminal inactivity can be immediate or long-term, for example, evasion of taxes or alimony.
