Classification of crimes in criminal law

With the emergence of the state, it became necessary for people to record the most frequent and serious types of behavior that deviated from generally accepted norms. If earlier punishment for such actions was carried out by society itself, now this function began to be assigned to law enforcement agencies. In this regard, society was forced to analyze these acts, enshrine them in legislation, and pre-qualify them.

From the above, it becomes clear that people began to divide atrocities into categories since ancient times. But what are the types of crimes today? Classification of offenses can be made according to various criteria. Some of them are discussed in this article.

Categories of crimes

Classification of crimes is the division of acts established by the Criminal Code of the Russian Federation according to any criteria. Thus, the actions of the defendant, based on the degree of his guilt, can be premeditated and committed through negligence. Depending on the object of the crime, all offenses in the Special Part of the Criminal Code of the Russian Federation are divided into economic crimes, crimes committed against the individual, against public safety, against peace and human security, as well as military crimes and crimes against state power. Each such type is enshrined in a separate chapter of the Code.

The Criminal Code of the Russian Federation classifies crimes based on their degree of severity. This division involves acts of minor or moderate gravity, as well as grave and especially grave.

The concept and significance of the classification of crimes according to the criminal law of the Russian Federation

The scientific validity of the classification of crimes is of broad importance for the legislation of the Russian Federation, associated with the establishment of criminal liability for various crimes that have varying degrees of influence on social relations in criminal law, as well as with the differentiation and size of punishments for their commission, depending on the degree of their severity.

The very concept of “Classification” of crimes in the criminal law of the Russian Federation is not directly disclosed, however, the legislator establishes the division of such crimes into categories, depending on the degree of public danger and the severity of the crimes, in accordance with Article 15 of the Criminal Code of the Russian Federation, subdivided into crimes of minor gravity, crimes of medium gravity severity, serious crimes, and especially serious ones, the same classification is observed in a special part of the Criminal Code, in which all crimes are divided depending on the generic and specific object of criminal attacks. For example, according to the generic object, these will be crimes against the individual, in the sphere of economics, state power, and according to the specific object, crimes against property, in the sphere of economic activity, against the constitutional rights and freedoms of man and citizen.

However, in the science of criminal law there are many attempts to reveal the concept of classification of crimes. A. Yu Grevtseva, for example, means by the classification of a crime a continuous division of crimes and the result of such division into interconnected and mutually exclusive groups on a certain basis that meets the goals of the classification, which is comprehensive and reflects the patterns of development of the institution of crime.

The point of view of L.A. Nazarenko deserves attention, which notes that the classification of crimes is a continuous division of crimes and the result of such division into interconnected and mutually exclusive groups on a certain basis that meets the goals of the classification, is exhaustive and reflects the patterns of development of the institution of crime. One cannot but agree with this, since, in our opinion, the classification of crimes allows us to distinguish and differentiate crimes, depending on a specific criterion, for example, by the subject of the crime, which indicates at what age the person committed the crime, whether the crime was committed again by a person with a criminal record whether the subject of the crime has special characteristics, in terms of the form of guilt, if the crime was committed intentionally, or through negligence, on the objective side.

Some scientists often identify this concept with the “categorization” of crimes. M.M. Dayshutov, for example, believes that the categorization of crimes should be considered as a division into separate categories depending on severity, each of which represents the volume of negative criminal legal consequences for persons guilty of committing crimes of varying severity. We cannot agree with this position of the author, since the concept of categorization of crimes is narrower than the concept of classification of crimes, due to the fact that the essence of classification of crimes includes a set of types of grounds that make it possible to differentiate crimes according to certain criteria, and categorization of crimes reveals only the division of crimes by severity public danger into categories, which is one of the types of classification of crimes. Therefore, the categorization of crimes is as part of one whole for the classification of crimes.

Thus, in our opinion, the classification of crimes is a set of types of crimes, distinguished on the basis of various criteria and grounds, with the help of which all crimes can be differentiated into various categories, depending on the damage to social relations caused by the criminal act, which makes it possible to establish the limits of criminal liability and the amount of punishment are more specified.

The classification of crimes has a significant influence on the theoretical foundations of criminal law, manifested in the following points: 1) helps to establish the essence of criminal law norms, determine the exact significance of various classification groups of crimes; 2) presents the studied criminal law institutions in a scientifically substantiated and structured form, establishing the relationship between them and the mechanism of subordination; 3) provides assistance in the study of criminal legal institutions, and also helps to identify various gaps and imperfections in the current criminal legislation that arise in the process of law enforcement practice; 4) serves as a means of generalizing and systematizing various criminal legal institutions, determining their place and functional significance for the classification of crimes; 5) helps improve criminal legal institutions; 6) assists in identifying new information about legal phenomena, organizes accumulated scientific and practical knowledge about the objects, subjects, structures, and institutions under study.

The classification of crimes is also of broad importance in law enforcement practice, which can be observed in the following criminal legal institutions: 1) the institution of sentencing; 2) the institution of multiple crimes; 3) the institution of complicity in a crime; 4) the institution of circumstances excluding the criminality of the act; 4) the institution of an unfinished crime; 5) the institution of criminal liability, which help to establish the individualization of criminal liability for crimes committed and the amount of criminal punishment, which, for example, makes it possible to establish a dangerous or especially dangerous relapse into a crime, whether the person committed a criminal act for the first time, relating to a minor crime, or of medium gravity, which makes it possible to release a person from criminal liability if there are certain grounds for this, such as reconciliation of the parties, or active repentance. The classification makes it possible to determine whether the act committed in preparation for a crime is criminal, if it was committed in serious or especially serious crimes, and also allows for the appointment of parole from serving a sentence, depending on the severity of the crime, since, in In accordance with criminal law, for each category of crime, the law provides for different periods of required serving of the sentence.

The practical significance of the classification of crimes can also be seen within the framework of criminal statistics, since the formation of statistical data on crimes of various categories committed on the territory of the Russian Federation allows the legislator and law enforcement officer to identify the number of crimes committed of minor, medium gravity, as well as serious and especially serious crimes, which allows identifying dynamics of increase or decrease of such criminal acts.

It should be emphasized that the classification of crimes occupies a significant place not only in criminal law, but also in interdisciplinary norms of law and science: in criminal procedural law, criminal executive law, as well as in criminology and criminology. In criminal procedural legislation, for example, this can be traced in the jurisdiction and jurisdiction of criminal cases on a subject basis, depending on the category of crimes in accordance with the Criminal Code of the Russian Federation. In criminal-executive law, the classification of crimes depends on the characteristics of the offender’s personality. There are differences between crimes committed by women and men, minors and adults, previously unconvicted persons and repeat offenders, depending on which different types of punishment are assigned. In criminology, the classification is based on the characteristics of the personality of the criminal, as well as the mechanism and method of the criminal attack. Based on this classification of crimes, various types of crime are distinguished: violent and mercenary crime, juvenile crime and crime of women. In criminology, crimes are grouped depending on the characteristics of the tactics and methods of their investigation.

Types of crimes depending on the forms of guilt

Crimes of the Criminal Code of the Russian Federation can be divided depending on the form of guilt into premeditated and negligent. Moreover, the second type of offense is a crime only in those cases that are provided for by the Criminal Code of the Russian Federation and its Special Part.

An action is considered to have been committed innocently, that is, it is not a crime when the person committing it did not realize and could not realize that this act was generally dangerous, or did not foresee and could not assume the possibility of generally dangerous consequences arising from it.

Premeditated crime

A premeditated crime is an action committed with intent (direct or indirect). Criminal offenses with indirect intent are actions committed by a person who was aware of their social danger, foresaw the onset of dangerous consequences, but did not want them to occur or was indifferent to them.

A crime of the Criminal Code with direct intent is actions that a citizen committed, realizing a public threat, foresaw the inevitability or likelihood of the occurrence of generally dangerous consequences and desired them.

Crime by negligence

An act of negligence is an act of a criminal nature, carried out through thoughtlessness or negligence. In this case, frivolity is understood as a situation where a person foresaw the likelihood of events dangerous to society that occurred as a result of his actions (inactions), but unreasonably hoped to independently prevent them.

By negligence, it is assumed that the offender did not foresee the possibility of events dangerous to society and the likelihood of similar consequences arising as a result of his actions (inactions), although he should have and could have if he had been more attentive and prudent.

Types of crimes according to their degree of danger

As noted above, the classification of crimes in criminal law is based on the degree of their danger.

When a citizen is convicted under any article, his act is typified taking into account this criterion. At the same time, taking into account various circumstances, the court has the right to change the category of the offense to a less serious form, but not more than one rank. A person convicted of committing a crime of medium gravity may be sentenced to imprisonment for a term of no more than 3 years, for a serious crime - no more than 5 years, and for a particularly serious crime - 7 years.

This classification of crimes has existed for a long time in foreign countries. As for Russia, back in 1903, the Criminal Code divided crimes into grave crimes (with the highest degree of punishment: death penalty, hard labor or exile), less serious crimes (with punishment in the form of imprisonment in a correctional home) and misdemeanors (with punishment in the form of a fine or arrest).

Classification of crimes

On the correct application of the norm of the Criminal Code of the Russian Federation on changing the category of crime to a less serious one, see Resolution of the Plenum of the Supreme Court of the Russian Federation dated May 15, 2018 N 10 “On the practice of application by courts of the provisions of Part 6 of Article 15 of the Criminal Code of the Russian Federation.” The main criterion is the degree of public danger, and the auxiliary meaning is attached to the form of guilt. According to these indicators, all crimes provided for by the Criminal Code (Part 1 of Article 15 of the Criminal Code of the Russian Federation) are divided into:

crimes of minor gravity - intentional and careless acts, for the commission of which the maximum punishment does not exceed 2 years of imprisonment (Part 2 of Article 15 of the Criminal Code of the Russian Federation);
crimes of average gravity - intentional acts, for the commission of which the maximum penalty does not exceed 5 years of imprisonment, and careless acts, for the commission of which the maximum penalty provided for by this code exceeds 2 years of imprisonment (Part 3 of Article 15 of the Criminal Code of the Russian Federation);
serious crimes - intentional acts, for the commission of which the maximum punishment does not exceed 10 years of imprisonment (part 4 of article 15 of the Criminal Code of the Russian Federation);
especially serious crimes - intentional acts, the commission of which is punishable by imprisonment for a term of over 10 years or a more severe punishment (Part 5 of Article 15 of the Criminal Code of the Russian Federation).

Thus, the first two categories can include both intentional and careless crimes, while only intentional crimes can be classified as serious and especially serious.

The legislative classification of crimes by the nature and degree of their social danger is very important for solving a number of practical issues in the application of criminal law.

The category of crime is taken into account when establishing dangerous (part 2 of article 18 of the Criminal Code of the Russian Federation) and especially dangerous (part 3 of article 18 of the Criminal Code of the Russian Federation) recidivism.
Criminal liability arises only for preparation for a serious or especially serious crime (Part 2 of Article 30 of the Criminal Code of the Russian Federation).
A criminal community (criminal organization) can be recognized as a cohesive organized association created to commit grave or especially grave crimes (Part 4 of Article 35 of the Criminal Code of the Russian Federation).
When sentenced to imprisonment, the type of correctional institution and the regime of the correctional colony are assigned taking into account the category of the crime for which the punishment was imposed (Article 58 of the Criminal Code of the Russian Federation).
The death penalty and life imprisonment can only be imposed for especially serious crimes that encroach on life (Article 57 of the Criminal Code of the Russian Federation), as well as for terrorism under especially aggravating circumstances.
The significance of a circumstance mitigating punishment may be the commission of only a crime of minor gravity for the first time due to a random combination of circumstances.
When assigning punishment for a set of crimes, depending on their categories, it is either allowed (Part 2 of Article 69 of the Criminal Code of the Russian Federation) or excluded (Part 3 of Article 69 of the Criminal Code of the Russian Federation) the application of the principle of absorption of a less severe punishment by a more severe one.
Exemption from criminal liability in connection with active repentance and in connection with reconciliation with the victim can only be applied to persons who have committed crimes of minor and moderate gravity for the first time (Articles 75, 76 of the Criminal Code of the Russian Federation).
The statute of limitations for criminal prosecution (Article 78 of the Criminal Code of the Russian Federation) and the statute of limitations for a court conviction (Article 83 of the Criminal Code of the Russian Federation) are determined by the category of the crime committed.
The part of the sentence, upon completion of which parole from serving the sentence and the replacement of the unserved part of the sentence with a milder type of punishment are possible, depends on the category of crime for which the convicted person is serving the sentence (Part 3 of Article 79, Part 2 of Article 80 of the Criminal Code of the Russian Federation ).
Deferment of serving sentences for pregnant women and women with young children does not apply to persons sentenced to imprisonment for a term of more than five years for grave and especially grave crimes against the person (Article 82 of the Criminal Code of the Russian Federation).
The period for expunging the criminal record of persons sentenced to imprisonment is determined by the category of the crime committed (clauses “c”, “d” and “e” of Part 3 of Article 86 of the Criminal Code of the Russian Federation).
The release of minors from criminal liability (Article 90 of the Criminal Code of the Russian Federation) or from punishment (Part 1 of Article 92 of the Criminal Code of the Russian Federation) with the use of compulsory educational measures can only be used when committing a crime of minor or moderate gravity.

Minor crime

Crimes of minor severity are acts of an intentional and careless nature, for the commission of which the legislator provides for no more than 3 years of imprisonment. The concept of this type is indicated in the Criminal Code of the Russian Federation, Art. 15, parts 2.

Since the classification of the crime allows us to give it a legal assessment, determine the appropriate article of the law, and therefore determine the type and amount of responsibility of the accused, let’s look at a few examples.

Minor offenses include, for example, intentional infliction of slight harm to health (Article 115 of the Criminal Code of the Russian Federation). Such an act entails one of the following punishments: a fine of up to 40 thousand rubles (three monthly salaries of the defendant), compulsory work of up to 480 hours, correctional labor for a period of up to one year, or arrest for a period of up to 4 months.

If this crime was committed out of hooligan motives, because of political, religious, national, ideological hatred, or with the use of weapons, then it is also considered an act of minor gravity, but is punished more severely. Namely, compulsory labor for up to 360 hours, correctional labor for up to one year, arrest for up to 6 months, two years of restriction/imprisonment or forced labor.

Minor harm to health means a short-term health disorder or minor permanent loss of ability to work.

Question No. 4. Classification of crimes in the theory of criminal law and in criminal law

Classification in general, being one of the methods of scientific knowledge, is the distribution of a vast and diverse group of objects into classes according to certain characteristics for the purpose of subsequent use in science or practice.

The classification of crimes refers to the distribution of the entire set of crimes into groups (classes) according to certain classification criteria.

Within the framework of the theory, crimes are classified in order to:

— clear systematization of criminal law norms and institutions;

— highlighting certain values as priorities from the point of view of their protection by criminal law;

— their correct subsequent qualification;

— accurate and fair individualization of punishment.

In practice, the classification of crimes is:

- to the differentiation of investigative and jurisdictional jurisdiction among investigative and judicial authorities;

- to the allocation within law enforcement agencies of services and units of the corresponding focus (crime mil, MOB, juvenile affairs, etc.);

— In accordance with the identified groups and categories of crimes, a system for recording crimes and their detection rate has been built.

So, the division of crimes into groups is based on the following classification criteria:

1. Object of encroachment (by type of which the Special Part of the Criminal Code is built)

2. Signs and constructions of the objective side (crimes involving

material, formal and truncated compositions)

3. Content of the subjective side (various forms of guilt)

4. Signs of the subject of the crime (position, age)

5. Type of crime (simple, qualified, privileged)

6. The nature and degree of public danger (Article 15 of the Criminal Code).

1. The Criminal Code most fully presents the classification of crimes depending on the object of the attack. In Art. 2 proclaimed the most important task of criminal legislation - the protection of human and civil rights and freedoms, property, public order and public safety, the environment, the constitutional system of the Russian Federation from criminal attacks, ensuring the peace and security of mankind. In accordance with these social blocks, the classification of crimes in the Special Part of the Criminal Code is constructed. The criminal law norms that define this classification operate in close unity with the norms of the General Part and establish an exhaustive and strictly systematized list and legal characteristics of socially dangerous acts recognized by law as crimes, as well as the types and amounts of punishment applied for their commission. The legislator designates sections and chapters of the Special Part of the Criminal Code, indicating various groups and types of crimes.

The object of a crime is the relationship protected by criminal law, which is reflected in socially significant material and intangible values, interests and to which, as a result of the commission of a crime, harm is caused or there is a real threat of causing such harm.

In order to correctly determine the types and groups of crimes in the Special Part of the Criminal Code, the legislator uses generic and specific objects of encroachment, which most fully reflect the nature of the public danger of the identified categories of crimes. In some cases, the classification is ideal, that is, the section represents the type of crime, the chapter represents a narrower group, namely the type of crime. Sometimes the section of the Special Part of the Criminal Code is not divided into chapters; in this case, the generic object coincides with the specific one.

So, the classification of crimes in the Special Part of the Criminal Code is an independent criminal law institution that determines the social significance and value of the object, allowing for more effective application of the norms of criminal law in practice. This classification is built taking into account the social significance of the object, which in turn is focused on the priority of universal human values. This is fully consistent with the Constitution of the Russian Federation, Art. 2 of which proclaims the personality of a person, his rights and freedoms as the highest value. From here the entire system of norms of the Special Part of the Criminal Code was built, in the words of Yu.I. Lyapunov, according to a fundamentally new scheme “individual – society – state”. It should be noted that some authors consider this position to be very controversial, and priority is given to the interests and security of the state[39].

2. In the criminal law, the classification of crimes depending on the characteristics and design of the objective side is not clearly stated. The signs and construction of the objective side are the result of the development of the science of criminal law. Information about these concepts can be gleaned from the norms of both the General and Special Parts of the Criminal Code (in the disposition of the article), and therefore the classification on these grounds can only be presented in theoretical terms, with the exception of Art. 29, where the legislator distinguishes between completed and unfinished crimes.

The objective side is the most important element of a crime, which gives an idea of the mandatory signs for each crime: the nature of the act, the type and size of the caused or probable consequences, the causal connection between the act and the consequences, and in some cases other signs that determine responsibility (time, place , method and so on).

As part of the doctrine of the elements of a crime, the content of the objective side has been studied in detail. Meanwhile, a number of signs of the objective side can be considered as classification ones, according to which crimes can be distinguished into certain types and categories.

In accordance with Art. 14 of the Criminal Code, a crime can be committed both in the form of action and in the form of inaction. Such forms of criminal acts are reflected in the dispositions of the articles of the Special Part of the Criminal Code. It is generally accepted that committing a crime in the form of an action is more dangerous, which is confirmed by the analysis of crimes classified as especially serious and grave. Almost all of them are accomplished through active actions.

Inaction is recognized as the passive behavior of a person, that is, his failure to perform those actions that he should and could have performed. It is expressed in the failure or improper performance by a person of the duties assigned to him.

In some cases, the classification of crimes depending on the quantitative characteristics of the act is important. We are talking about the so-called continuing, continuing and compound crimes. These crimes are forms of a complex single criminal act. Such acts, on the objective side, consist of several actions that individually constitute independent crimes, but, when combined by the legislator in one composition, characterize more dangerous crimes or emphasize the special criminal orientation of the individual.

The objective side of the crime is constructed differently by the legislator in the provisions of the Criminal Code. In this regard, it is necessary to say something about the classification of crimes on this basis. This classification is also not legally established, but in the science of criminal law it is well studied and is traditionally represented by three categories: crimes with a material, formal and truncated composition. This classification plays an important role in determining when the crime ends.

In the Special Part of the Criminal Code, in relation to the objective side, one can distinguish classifications of crimes according to a number of other criteria. For example, according to the method of committing a crime, it can be classified into those committed in a generally dangerous way, with particular cruelty, with violence, by deception, etc. We are talking about the method as a mandatory sign of the objective side, when it is included by the legislator in the disposition of the article and, naturally, in the subject of proof according to criminal case. This may be a sign of both the main structure and the qualified type of crime.

3. The subjective side represents the internal part of criminal behavior. Its content is the mental attitude of the guilty person to the crime. This is the area through which the inextricable connection between the consciousness and will of a person and the socially dangerous act he has committed is reflected[40].

The main classification feature can be called the form of guilt.

The classification of crimes depending on the form of guilt is legislatively enshrined in the norms of the General Part of the Criminal Code (Articles 24-26). All crimes according to this criterion are divided into intentional and careless. At the same time, the legislator took into account the proposal of scientists that when constructing criminal law norms, indicate the form of guilt with which a particular crime can be committed.

Firstly, according to Part 1 of Art. 24 of the Criminal Code, a person who committed an act intentionally or through negligence is found guilty of a crime. Secondly, in Part 2 of Art. 24 of the Criminal Code emphasizes the special nature of negligence as a less dangerous form of guilt. According to this explanation, an act committed through negligence is recognized as a crime only in the case where it is specifically provided for by the relevant article of the Special Part of the Criminal Code.

Intentional crimes are characterized by an increased negative focus on causing harm to protected interests, which is manifested in the legislative codification of the content of intent. For the first time, the Criminal Code of the Russian Federation differentiated intent into direct and indirect (Part 1, Article 25). This is indeed necessary for a thorough differentiation of criminal liability and individualization of punishment.

The division of intent into direct and indirect has not only theoretical, but also important practical significance. Firstly, it is taken into account when qualifying crimes, and secondly, it allows one to determine the degree of guilt, the degree of danger of the act and the identity of the perpetrator, which is undoubtedly taken into account when individualizing punishment. It is obvious that crimes committed with direct intent, other things being equal, are characterized by a higher degree of social danger, since with indirect intent the will of the subject takes a passive position in relation to possible consequences.

Intentional crimes are the most common. According to statistics, out of every 10 crimes, about 9 are committed intentionally. The Criminal Code of the Russian Federation talks about intentional crimes in 90% of the articles of the Special Part.

At the same time, careless crimes also have important criminal legal significance. These crimes are less dangerous than intentional ones, however, in the context of scientific and technological progress, their number is constantly growing.

The least dangerous to society are crimes committed through negligence. According to Part 3 of Art. 26 of the Criminal Code, a crime is recognized as committed due to negligence if a person did not foresee the possibility of socially dangerous consequences of his actions (inaction), although with the necessary care and foresight he should and could have foreseen them.

It is very important that the legislator, when characterizing negligence, points out not only the obligation to foresee the occurrence of socially dangerous consequences, but also the possibility of such foresight. The absence of the last condition excludes the possibility of objective imputation.

It is important to remember that the classification of crimes depending on motives and goals also has a certain scientific and practical significance. The inclusion of such signs in the subjective side of the crime as mandatory implies a significant increase in the degree of their danger. These signs are not disclosed by law.

The motive of a crime is the motivation determined by certain needs and interests that causes a person to decide to commit a crime and by which he is guided when committing it. The purpose of the crime is the actual idea of the person committing the crime about the desired result that he strives to achieve.

Several classifications of motives and purposes of crimes have been proposed in the literature. In this case, various criteria are used: the psychological essence of behavior; criminal law content; legal and moral-political assessment; source of education and specific interests. The most complete and significant, according to most scientists, is the classification of motives and goals based on their legal and moral assessment[41]. According to this division of motives and goals, crimes can be classified into the following types: a) crimes committed from base motives and goals; b) crimes in which the motives and goals are devoid of base content. Base motives are understood as aspirations and desires characterized by pronounced immoralism, incompatibility with the basic moral values of society, dishonesty, and the desire to cause harm[42]. The first group includes crimes that are committed for selfish reasons, revenge, envy, motivated by national, racial, religious hatred, hooligan motives, and the like. The second group of acts is committed with motives and goals that are devoid of base content and are not signs that increase criminal liability (jealousy, careerism, and so on).

The classification of crimes by purpose, taking into account the social orientation of the acts, also deserves attention. At the same time, the following groups of crimes are distinguished: those committed for socially harmful purposes; with socially neutral goals; for other purposes.

Thus, the classification of crimes depending on the characteristics of the subjective side is important. Firstly, the consolidation of these features in the law allows for a clearer differentiation of criminal liability at the legislative level. Secondly, the precise establishment of all the mandatory signs of the subjective side of a socially dangerous act allows it to be correctly qualified. Thirdly, the correct definition of the forms and types of guilt, motives and purposes of committing a crime influences the court’s choice of a specific punishment for the perpetrator.

4. The subject of the crime is the most important category of criminal law, which allows us to make the final conclusion that the socially dangerous act committed is a crime.

The new Criminal Code establishes the legal characteristics of the subject of the crime. The most significant of them are highlighted in Chap. 4 of the General Part “persons subject to criminal liability”. In Art. 19 of this chapter the concept of the subject of a crime is formulated for the first time.

In a number of cases, the norms of the Special Part of the Criminal Code provide for additional characteristics of the subject, which are of decisive importance in the classification of crimes, and in some cases in the imposition of punishment. Such signs characterize a special subject of the crime.

The legal characteristics of the subject of a crime make it possible to classify acts into various groups, which is of great importance for law enforcement practice.

The criminal law calls an individual one of the most important signs of the subject of a crime. In Art. 12 of the Criminal Code of the Russian Federation, it is very convincingly shown that by persons who have committed a crime, the criminal law understands citizens of Russia, stateless persons and foreign citizens.

Another important sign of the subject of a crime is the age at which criminal liability begins (Article 20). The classification of crimes by age is presented more clearly in legislation. The following types are distinguished: crimes for which responsibility begins upon reaching 16 years of age; crimes for which responsibility begins at the age of 14; other crimes for which the age of the perpetrator is established by special rules.

In Art. 20 of the Criminal Code, the legislator uses the list method to identify the second group of crimes. The list is exhaustive and is not subject to broad interpretation. In accordance with Part 2 of Art. 20 persons who have reached the age of 14 at the time of committing a crime are subject to criminal liability for murder (Article 105), intentional infliction of grievous bodily harm (Article 111), intentional infliction of moderate harm to health (Article 112), kidnapping ( Art. 126), rape (Art. 131), sexual assault (Art. 132), theft (Art. 158), robbery (Art. 161), robbery (Art. 162), extortion (Art. 163), unlawful taking of a car or other vehicle without the purpose of theft (Article 166), intentional destruction or damage to property under aggravating circumstances (Part 2 of Article 167), terrorism (Article 205), hostage-taking (Article 206), knowingly false reporting an act of terrorism (Article 207), aggravated hooliganism (Parts 2 and 3 of Article 213), vandalism (Article 214), theft or extortion of weapons, ammunition, explosives and explosive devices (Article 226), theft or extortion of narcotic drugs or psychotropic substances (Art. 229), rendering vehicles or means of communication unusable (Article 267).

The age at which criminal liability begins in accordance with the Criminal Code of the Russian Federation of 1996 is fully consistent with global parameters; it shows the differentiated approach of the state to the control of juvenile delinquency. On the one hand, this is balanced humanism, an understanding of the social significance of the younger generation, on the other, a strict establishment of the framework of criminal liability for the most dangerous crimes.

The classification of crimes according to age provides for another group of crimes, responsibility for the commission of which occurs upon reaching an age other than that specified in Art. 20 CC. There is no list of such crimes in the current legislation, but it can be established by applying various techniques for interpreting the relevant norms of criminal law. For some crimes there are direct instructions on the responsibility of persons who have reached the appropriate age. For example, for sexual intercourse, sodomy or lesbianism committed with a person known to be under 14 years of age (Article 134), the law provides for liability for persons over 18 years of age. The situation is similar with liability for involving a minor in the commission of a crime (Article 150). Only persons who have also reached the age of 18 can be held responsible for crimes against military service. The subject of a crime under Art. 305 of the Criminal Code (delivery of a knowingly unjust sentence, decision or other judicial act), can only be a person who has reached the age of 25, since in accordance with the Law of the Russian Federation “On the Status of Judges in the Russian Federation” persons who have reached the age of 25 can be appointed to the position of judge specified age.

The classification of crimes according to the characteristics of a special subject is important. The classification of crimes according to the characteristics of a special subject depends on the classification of these characteristics themselves. The most accurate and complete classification is the following:

1) according to the state legal status: only a citizen of the Russian Federation can be a subject of high treason (Article 275); the subject of espionage (Article 276) is a foreign citizen and a stateless person;

2) according to demographics: according to gender - only a man can be the perpetrator of rape (Article 131); by age (as mentioned earlier);

3) for family relations: parents and persons equated to them, children (Articles 106, 156, 157);

4) by official position: persons who meet the characteristics of an official set out in the note to Art. 285;

5) by official position: persons performing managerial functions in a commercial or other organization (Articles 201 – 203); persons using their official position (part 2 of article 128, part 2 of article 136 and others);

6) in relation to military duty and military service: conscript (Article 238); military personnel on conscription or under contract and some other citizens (Articles 331 – 352);

7) for professional duties: doctor, other medical workers (Articles 122, 124, 128, Part 4, Article 228);

by the nature of the work performed: member of the election commission (Article 142); an employee of an organization that sells goods or provides services to the public (Article 200); a person who, due to the work performed, is obliged to comply with the rules of traffic safety and operation of transport (Article 263);

9) according to the special position of the person in relation to the victim: a person who committed murder in a state of passion caused by unlawful actions on the part of the victim (Article 107); a person who knew that he had a sexually transmitted disease or HIV infection and infected another person with these diseases (Article 121, Parts 2 and 3 of Article 122); a person who was dependent or subordinate to the victim (Articles 125, 133);

10) by the nature of the procedural duties of citizens in relation to the state: witness, victim, expert, translator (Article 307 -308);

11) according to the criminal legal and procedural status of the person: a person with a previous conviction (Part 3 of Article 158 -162); a person serving a sentence or in pre-trial detention (Article 313); sentenced to imprisonment (Article 314).

6. The main classification of crimes is the division of crimes into categories of minor gravity, moderate gravity, grave and especially grave.

Categorization of crimes is their classification, grouping, differentiation. There are three bases for categorization in the Criminal Code of the Russian Federation: the nature and degree of public danger of the crime; form of guilt; the amount of sanctions in the form of imprisonment[43]. The criterion for this division is the nature and degree of social danger of the crime. This classification makes it possible to clearly show the state’s assessment of certain acts, which entails a wide range of criminal legal consequences, which in turn ensures the individualization of punishment.

An attempt to classify crimes according to the degree of public danger was made in our country back in the Criminal Code of the RSFSR. Initially, it mentioned minor crimes that did not pose a great public danger, serious and especially serious crimes, then the first group was combined with the second. This attempt was not successful because, firstly, the classification did not cover a large number of crimes that occupy an intermediate position between crimes that do not pose a great public danger and serious crimes; secondly, the law (Article 7 of the Criminal Code of the RSFSR) contained only a formal list of serious crimes indicating their increased social danger and intentional form of guilt, but there were no characteristics of less serious crimes (identified in the theory of criminal law) and crimes that do not pose a great public danger; thirdly, the classification did not have uniform classification characteristics.

In accordance with Part 3 of Art. 15 of the Criminal Code, the first three categories of crimes (minor gravity, moderate gravity, serious crimes) can be either intentional or careless. These categories differ from each other only in the maximum amount of imprisonment that can be assigned within the limits of the article of the Special Part of the Criminal Code.

Crimes of minor gravity include intentional and careless acts, for the commission of which the maximum punishment provided for by the Criminal Code does not exceed two years of imprisonment. This group of crimes, for example, includes murder committed when the limits of necessary defense were exceeded (Part 1 of Article 108 of the Criminal Code), beatings (Article 116 of the Criminal Code), deliberate destruction or damage to property (Part 1 of Article 167 of the Criminal Code), violation rules of the road and operation of vehicles (part 1 of article 264 of the Criminal Code) and so on.

Crimes of medium gravity include intentional acts, for the commission of which the maximum penalty provided for by the Criminal Code does not exceed five years of imprisonment, and careless acts, for the commission of which the maximum penalty provided for by the Criminal Code exceeds two years of imprisonment. This is, for example, incitement to suicide (Article 110 of the Criminal Code), intentional infliction of moderate harm to health (Article 112 of the Criminal Code), illegal entrepreneurship (Article 171 of the Criminal Code) and so on.

Grave crimes are understood as crimes committed intentionally, for which the maximum punishment provided for by the Criminal Code does not exceed ten years in prison. This group of crimes, for example, includes the legalization (laundering) of money or other property acquired illegally under aggravating circumstances (Part 2 of Article 174 of the Criminal Code), violation of traffic safety rules and operation of railway, air or water transport (Part 3 Article 263 of the Criminal Code) and others.

The legislator classifies as particularly serious only intentional crimes, the commission of which is punishable by more than ten years of imprisonment or more severe penalties. This is, for example, murder under aggravating circumstances (Part 2 of Article 105 of the Criminal Code), banditry (Article 209 of the Criminal Code) and others.

In most cases, the legislator classifies qualified crimes as particularly serious crimes. For example, murder in a generally dangerous manner (clause “e”, part 2, article 105).

The categorization of crimes is far from complete, but has already had an impact on the solution of many issues of criminal liability, exemption from criminal liability and punishment, an attempt has been made to regulate the application of individual institutions of the General Part depending on the differentiation of crimes.

Thus, a sign of a dangerous recidivism can only be the commission of an intentional serious crime by a person, if he was previously convicted of an intentional crime. When a person commits an intentional serious crime, if he was previously twice convicted of an intentional serious crime or was convicted of an especially serious crime, a recidivism may be considered especially dangerous (Article 18 of the Criminal Code).

Criminal liability for an unfinished crime is also differentiated depending on the severity of the crime committed (Part 2 of Article 30 of the Criminal Code).

A strict regime of correctional colonies can be assigned for the first time a particularly serious crime has been committed, and persons sentenced to imprisonment for the first time for committing serious, moderate or minor crimes can be assigned a general regime of correctional colonies (Article 58 of the Criminal Code).

The death penalty as an exceptional measure of punishment can be established only for especially serious crimes that encroach on life (Part 1 of Article 59 of the Criminal Code).

When committing a serious crime, conditional early release from serving a sentence can be applied after the actual serving of at least two-thirds of the sentence, and when committing a particularly serious crime - at least three-quarters of the sentence (Article 79 of the Criminal Code).

The statute of limitations for a conviction for serious and especially serious crimes increases to ten and fifteen years (Article 83 of the Criminal Code).

The terms for expunging criminal records are also increasing for persons sentenced to imprisonment for serious crimes and for especially serious crimes up to six and eight years (Article 86 of the Criminal Code).

The legislator based the categorization on the material sign of the crime. However, in fact, as can be seen from parts 2,3,4,5 of Art. 15 of the Criminal Code, the basis for differentiating crimes into groups is the type of punishment (deprivation of liberty) and the amount of punishment, which indicates that illegality (legal expression of public danger) is the basis for identifying categories of crime.

Categories of crimes are taken into account by the court when releasing from criminal liability; assigning a type of correctional institution to those sentenced to imprisonment; imposing punishment for a set of crimes; conditional early release from serving a sentence; expungement of a criminal record, etc.[44]

Conclusion

Back in the middle of the last century, the prominent German philosopher and economist K. Marx wrote that “punishment is nothing more than a means of self-defense of society against violation of the conditions of its existence, whatever these conditions may be.”

This statement contains a very precise description of crime as an attack on the conditions of existence of society, whatever these conditions may be. Summarizing what was stated in the thesis, it is advisable to highlight the following main points:

1. An analysis of the historical stages in the development of the concept of crime made it possible to determine that crime as a legal concept actually arose only with the division of society into antagonistic classes (slaves and slave owners) and the emergence of the state. The state at that time was mainly an instrument in the hands of the slave-owning class to maintain and strengthen their dominance over the slave class, and actions dangerous to the slave-owning system were recognized as crimes. A similar situation existed in feudal criminal law. However, even in those days, the class nature of the crime was not absolute, since many forms of assault on the person were recognized as criminal, although they did not have a pronounced class connotation.

Only with the adoption of the Constitution of the Russian Federation was the priority of universal human values over the interests of the state officially recognized for the first time. In Art. 2 of the Constitution of the Russian Federation, it was proclaimed that a person, his rights and freedoms are the highest value, and it was emphasized that the rights and freedoms of man and citizen are directly applicable, cannot be infringed, but, on the contrary, can be supplemented in accordance with the norms of international law, which has priority over the national legislation of the Russian Federation.

2. In the first part of Art. 14 of the Criminal Code defines a crime as “a socially dangerous act committed guilty of guilt, prohibited by this Code under threat of punishment.”

The given definition in terms of the method of construction is formal and material, since it contains an indication not only of a formal (normative) sign - the prohibition of an act by criminal law - but also of a material sign (the social danger of the act), which reveals the social essence of the crime. In addition to these two signs, with the help of which a crime was defined in the previous Criminal Code, the Criminal Code of the Russian Federation for the first time included in the legislative definition of a crime two more signs that were highlighted in the theory of criminal law, but were absent in the legal definition of a crime: guilt and punishability.

3. Depending on the nature and degree of public danger, the Criminal Code of the Russian Federation divides acts into crimes of minor, medium gravity, grave and especially grave crimes.

Categories of crime are taken into account when:

1. exemption from criminal liability;

2. assigning a type of correctional institution to those sentenced to imprisonment;

3. imposing punishment for a set of crimes;

4. conditional early release from serving a sentence;

5. expungement of a criminal record.

The division of crimes into categories is important for resolving many issues of criminal liability. These are sections of the criminal law on crime, punishment, exemption from criminal liability and punishment.

To summarize what was stated earlier, it should be noted that the doctrine of crime is fundamental in the system of criminal law. An act defined as a crime appears in the form of an antisocial, antisocial phenomenon, which expresses the individual antagonism of the person who committed it in relation to formed and existing social relations. A person who has committed a crime comes into irreconcilable conflict with the moral and ethical value concepts of society, mediated by the norms of criminal law. A criminal act, which from an ethical point of view represents a social evil, not only goes beyond the normatively approved and acceptable models of human behavior, but is also the most acute form of social conflict. Its result is social harm of varying nature and severity of consequences, arising in the sphere of the most important public interests and benefits protected by criminal law.

Moderate crimes

Crimes of medium gravity are acts of an intentional nature, for the commission of which the legislator provides for a punishment of no more than 5 years of imprisonment, and reckless misdemeanors, for the commission of which the commission is punishable by at least 3 years of imprisonment.

This type of crime includes, for example, the murder by a mother of her newborn child at the time of birth or immediately after it, as well as if the woman is sane, but was in a state of mental disorder or in a situation that traumatized her psyche (Article 106 of the Criminal Code of the Russian Federation).

Or, for example, a murder that was committed in a state of passion (Article 107 of the Criminal Code of the Russian Federation). Affect is understood as a state of severe mental anxiety, which is caused by bullying, violence or severe insults (other similar actions) on the part of the victim or a long psychologically traumatic situation associated with the immoral, illegal acts of the victim.

The crime provided for in Article 106 is punishable by restriction of freedom for a period of 2-4 years, or by forced labor or imprisonment for a period of up to 5 years. And the crime provided for in Article 107 is correctional labor for up to 2 years or restriction of freedom/forced labor/imprisonment for up to 3 years.

Legislative signs of a crime

1. A central place in the theory of criminal law and judicial practice was and is occupied by issues related to the concept (definition) of a crime and the formulation of its characteristics. The current Criminal Code of the Russian Federation defines a crime as follows: it is “a socially dangerous act committed guilty of guilt, prohibited by this Code under threat of punishment” (Part 1 of Article 14). As we see, the concept of a crime is based on an act, i.e. specific behavior, activity of a specific person. No thoughts or ideas of a person can be considered criminal if they are not realized in a person’s actions. In his lectures on criminal law, the famous Russian legal scholar N.S. Tagantsev O.

2. Act, i.e. active or passive behavior can be considered criminal only when it is committed guilty,

those.
intentionally or carelessly. The presence of this feature in the concept of a crime excludes the possibility of objective imputation,
i.e. holding accountable for innocent causing of harm, no matter how serious it may be. The sign of guilt runs like a red thread through the entire Criminal Code, starting with the establishment of the principle of guilt (Article 5 of the Criminal Code) and ending with an indication of it in the dispositions of specific norms of the Special Part.

3. The act must not only be committed guilty, but also socially dangerous,

those.
causing significant
harm to interests protected by criminal law or creating
a real threat
of such harm. Social danger is an objective category, the content of which is determined by all elements of the crime (object, features of the objective and subjective sides, properties of the subject). Thus, murder is much more dangerous than careless causing of death; robbery is more dangerous than theft, etc.

Public danger has qualitative and quantitative assessments. High quality

- this is
the nature of the public danger,
which is determined primarily by the value of the object (an attack on life is more dangerous in nature than an attack on property). The nature of the public danger of an act predetermines its place in the system of the Special Part of the Criminal Code, since its sections and chapters are highlighted in accordance with the attribute under consideration. We can say that based on this property of social danger, types of crimes are distinguished.

Quantification

social danger is its
degree,
according to which individual crimes are differentiated within a type. For example, bicycle theft and car theft are similar in nature, but differ in the degree of public danger. Consequently, the degree of public danger may depend on the size of the consequences, motive, purpose and other circumstances of the crime.

4. A guilty and socially dangerous act must be unlawful,

those. named in the law. This feature is the real embodiment of the principle of legality (Article 3 of the Criminal Code). The legislative consolidation of this feature excludes the possibility of applying the criminal law by analogy. Naturally, the development of social relations, scientific and technological progress, and other objective conditions can change the range of socially dangerous acts that cause harm to society. But they cannot be recognized as a crime until the legislator recognizes them as such and includes them in the Criminal Code. Thus, on January 1, 1997, the new Criminal Code came into force, and in May 1998, Art. 2151, which provides for liability for unauthorized power outages.

5. For a guilty, socially dangerous unlawful act committed, an appropriate punishment must be provided, i.e. it should be punishable.

This sign of a crime reinforces the provisions set out in Part 2 of Art. 2 and part 1 art. 3 of the Criminal Code of the Russian Federation. Punishability is inextricably linked with the sign of illegality - each norm of the Special Part of the Criminal Code, along with the disposition, contains a sanction that determines the type and amount of punishment. At the same time, the inclusion of this feature in the concept of a crime does not mean that the person who committed the crime will necessarily be sentenced. Criminal legislation provides for a number of circumstances that make it possible to release a person from criminal liability and punishment (see Articles 75-85).

6. Part 2 art. 14 of the Criminal Code establishes the provision according to which an action (inaction) is not a crime, although formally it contains signs of any act provided for by this Code, but due to its insignificance

not posing a public danger. The legislator, introducing this norm, warns law enforcement officers that the formal similarity of the committed act with the signs of the corresponding crime is not enough. It is necessary to establish that this act is characterized by such a degree of social danger that there is a real threat of harm to public relations. For example, a teenager steals several apples from someone else's orchard. Is it possible to recognize this act as a crime and qualify it as theft under Art. 158 of the Criminal Code of the Russian Federation? Of course not, although all the signs are there.

Often, a minor act, which is not a crime due to the absence of a public danger, can form part of another offense - administrative, disciplinary. In this case, liability arises within the framework of the relevant legislation. Yes, Art. 213 of the Criminal Code defines hooliganism as a gross violation of public order, expressing a clear

disrespect for society and associated with violence or the threat of violence or destruction or damage to other people's property. If a person violates public order, expresses disrespect for society, does not use violence and does not destroy property, then petty hooliganism occurs.

Serious crimes

Serious crimes are acts of a deliberate type, for the commission of which the legislator provides sanctions in the form of imprisonment for no more than 10 years.

These include, for example, intentional infliction of serious harm to health (Article 111 of the Criminal Code of the Russian Federation). Serious harm to health means actions as a result of which the victim lost hearing, vision, or any organ, his pregnancy was terminated, mental illness, drug addiction, substance abuse occurred, irreparable disfigurement of the face occurred, loss of general disability of at least 1/3 , complete deprivation of his professional ability to work, or there was a threat to the life of the victim. The sanction in this case is up to 8 years in prison.

Economic crimes can also be serious. For example, the implementation by an organized group of illegal banking activities, as a result of which major damage was caused to individuals or legal entities or the state. Such a crime provides for punishment in the form of forced labor for up to 5 years or in the form of imprisonment for up to 7 years, together with a fine (1 million rubles or the salary/income of the defendant for 5 years) or without it.

Classification, categories of crimes

1. Classification

is a method of scientific knowledge, which represents the distribution of a large set of objects into classes according to certain characteristics (criteria). In criminal law, they use this starting point and define the classification of crimes as dividing crimes into homogeneous groups according to one or another criterion. For example, according to the form of guilt, crimes are classified into intentional and careless; by motive - selfish and non-selfish; by method of commission - violent and non-violent.

Of great practical importance is the identification of such types of crimes as ongoing and ongoing. Continuing crime

- this is a crime that is considered completed from the moment the act is committed and in this state lasts indefinitely until the perpetrator is detained or confesses. From this moment the statute of limitations for criminal prosecution begins to run. These include escape from prison (Article 313 of the Criminal Code), illegal possession of drugs (Article 228 of the Criminal Code), etc.

Ongoing crime

committed by several acts united by a single intent. Thus, a store cashier, having the intention of embezzling a certain amount of money, carries out his plan in several steps. This will be a single crime, not a repeated one, which should be taken into account when qualifying.

2. The most important thing for criminal law is the classification of crimes depending on the nature and degree of public danger. The legislator, guided by these criteria, identified four categories of crimes: minor gravity, moderate gravity, grave, especially grave (Part 1 of Article 15 of the Criminal Code).

Light weight

- these are intentional and careless acts, the commission of which carries
a maximum
penalty of not more than two years in prison (Part 2 of Article 15 of the Criminal Code).
For example, threats to kill or cause grievous bodily harm (Article 119 of the Criminal Code) are punishable by up to two years in prison. It must be borne in mind that we are not talking about the imposed punishment,
but rather the one provided for in the sanction.

Moderate crime

- these are intentional and careless acts, for the commission of which
the maximum
punishment provided for by the Criminal Code does not exceed five years of imprisonment (Part 3 of Article 15 of the Criminal Code). Thus, for committing theft of someone else’s property (Part 1 of Article 158 of the Criminal Code) imprisonment of up to three children is provided. The same punishment is provided for violation of traffic rules that negligently resulted in the death of a person (Part 2 of Article 264 of the Criminal Code).

Serious crimes

- these are intentional and careless acts, the commission of which carries
a maximum penalty of
not more than ten years in prison (Part 4 of Article 15 of the Criminal Code). For example, for committing theft, imprisonment from two to six years has been repeatedly established (Part 2 of Article 158 of the Criminal Code), for violation of traffic rules, which through negligence resulted in the death of two or more persons - from four to ten years.

All three categories of crimes involve both intentional and reckless guilt. But especially serious crimes -

These are only intentional acts, the commission of which is punishable by imprisonment for a term of over 10 years or a more severe punishment (death penalty or life imprisonment).

3. The classification of crimes has not only theoretical, but also practical significance. Classifying a crime into one category or another entails certain legal consequences for the person who committed it, for example, determining the regime for serving a sentence of imprisonment, the application of parole; influences the classification of crimes committed. For example, a knowingly false denunciation, coupled with an accusation of a person of committing a grave or especially grave crime (Part 2 of Article 306), entails a punishment three times more severe than an unqualified denunciation (Part 1 of Article 306).

Particularly serious crimes

Particularly serious acts are special crimes of an intentional form of guilt, for which the law provides for the most severe punishment - imprisonment for a term of over 10 years or another more severe sanction.

Thus, for murder (an intentional act resulting in the death of a person), according to Article 105 of the Criminal Code of the Russian Federation, the offender receives a sentence of 6-15 years with or without restriction of freedom for a period of up to 2 years. And for the rape of minors or rape, which entailed causing grievous harm to the victim through negligence, infecting him with AIDS, etc., the legislator punishes the offender with imprisonment for a term of 8-15 years with a ban on engaging in certain types of activities for a term of up to twenty years (possibly without it) and two years of restriction of freedom.

The role of classification of crimes in the Criminal Code of the Russian Federation

The classification of criminal offenses plays an important role in criminal law. First of all, of course, it predetermines punishment. Its duration, type and size.

Based on the categories of various types of acts, institutions and legal norms are constructed. At the same time, the classification of crimes allows us to make laws more concise, convenient, and clear.

Based on the division of crimes into categories, the legislator determines their statute of limitations and types of recidivism. Classification is also important for determining the retroactive effect of criminal laws.

Thus, the concept and classification of crimes, as well as the role of categorization in the Criminal Law of the Russian Federation, were discussed above. When drawing conclusions about the importance of categorizing offenses, it is important to note that those persons entrusted with the duty to apply the law are obliged to correctly classify the act committed by the defendant, taking into account all the nuances.