Criminal law takes place only if a person commits a socially dangerous act. When offenses of a different nature, not criminal, occur, then this is already the scope of legislation of other branches of law. Thus, criminal law applies when a crime is committed. But in practice, many problems often arise during the qualification of certain socially dangerous acts. For example, a person did not complete his plan.
The question arises: “What to do with unfinished crimes?” The legislation of many countries clearly regulates all possible variants of crimes that are not completed, as well as the measures that are applied to their subjects. In the following article we will rely on the legislative acts of the Russian Federation in order to more thoroughly understand the essence, structure and types of crimes that have not been completed.
Crime: concept
At its core, a crime, regardless of whether it is completed or not, is an offense. The person who commits it shows his unwillingness to adhere to the rules established by legal norms. The problem is that crime is a socially dangerous act; it damages the legal climate of the state much more seriously than offenses in the administrative or civil sphere. Criminal law sanctions are applied to a person who has committed a crime. Socially dangerous acts have features, namely:
- A criminal act is a volitional behavioral act of a person, which is characterized by action or inaction. A person causes harm to public relations by committing criminal acts that change the legal order formed on the basis of legislation. The criminal legislation of the Russian Federation does not condemn thoughts or statements about a crime. A real threat can only come from actual human actions.
- Public danger. The point is that a person causes harm to personal, state, and social interests. First of all, the actions of a criminal harm legal relations, which, in turn, are protected by law. In other words, the criminal destroys established social rules.
- A person's guilt for committing a crime. A person is always personally responsible for the actions that she has performed. Guilt can manifest itself in intentional or careless actions.
- Unlawfulness consists of two elements: the prohibition of committing a certain series of acts and the threat of punishment for them.
It follows that any crime will meet the above requirements, regardless of whether the offender has completed it or not. The difference between completed and unfinished crimes depends on the composition and degree of their implementation, which will be discussed further.
Comments on Article 30
Cooking is characterized by objective and subjective signs.
Article 30 in the Criminal Code of the Russian Federation with comments:
- Objective signs – the crime was not completed.
- Subjective signs: deliberate nature.
- Creation of conditions is possible through active actions. The list in Part 1 is not exhaustive. This is the search for funds and tools (legal, illegal acquisition, discovery, theft), making tools (Finnish knife, key), adapting tools (repairing, turning a gun into a sawn-off shotgun).
- Objective signs – search for accomplices, recruitment. Other creation of conditions lies beyond the specified list, this includes site research, development of a plan, search for a place to store the received property.
Preparation for a crime - performing all the actions. This means that it is not carried out for subjective reasons (fear of arrest, pity), but for objective reasons. The signs lie outside the scope of the act; it has not yet begun to be carried out. In cases of increased danger of actions, the legislator recognizes them as a variant of the manifestation of the objective side of the act.
Cooking is a deliberate fault. Part 2 states that criminals who are preparing to commit serious or especially serious crimes are subject to criminal punishment. For example, counterfeiting securities is classified as preparation for fraud, while counterfeiting a lottery ticket is for sale.
Attempted crime - actions or inactions aimed at committing a crime. The law specifies the possibility of assassination by actions or inactions. Objective signs: focus on committing an act, it is not completed.
Responsibility comes for preparing for serious crimes. Actions are aimed at committing a crime. This means that the object is already beginning to change. Robbery in Article 161 is described as a material element; to be considered an attempt, it is necessary to seize property without recourse to one’s own benefit. If a person has committed a theft and is detained with property until they have the opportunity to dispose of it, then this is an attempted theft.
When transferring drugs against the background of a test purchase, the deed constitutes an attempt, since the substance is withdrawn from circulation. Actions against the victim committed within a period of time, with the same goals and motives, are qualified as an attempt. The possibility of an assassination attempt with a formal composition is limited by conditions: it is possible when the objective side is added, when there is a time gap between the beginning of actions and their end.
The circumstances are varied. For example, an attempt to create a gang is an action to create a stable group, stopped by the police.
When giving a bribe or transferring illegal remuneration during bribery, liability is imposed under Article 204 or 291 if the official refused the money. It is not an attempt to commit a crime if a person expresses his intention to receive a bribe if he has not taken any action. The subjective side is an intentional crime. The perpetrator understands the danger of actions, wants to carry them out further, or sees the danger of actions and the onset of consequences, desires them. For example, attempted murder always has direct intent.
Determining intent is necessary to distinguish an attempt from a crime or other attempts. For example, attempted rape is recognized as such if the person acts for the purpose of sexual intercourse, and violence is a means to achieve the goal. These 2 factors establish the presence of attempted rape and distinguish attempted rape from violent sexual acts.
In the practice of criminal law, several types of attempts are considered: on an unsuitable object or with unsuitable means. A mistake is an attempt on an unusable object, when, due to the special properties of the object, the actions of the culprit do not encroach on the object and cannot cause harm (replacing the poison with another powder, shooting at a mannequin and not at a person).
The peculiarity of the attempt is that it was not completed due to a mistake. The person uses weapons that cannot achieve the goal (shooting from a starting pistol that the person considers to be a combat pistol). An attempt is also divided into completed and unfinished. They are differentiated by the degree of implementation of intentions. When completed, the person does everything in his power, but the result does not occur due to circumstances beyond his control (miss when shooting). A completed attempt is close to a completed crime and entails punishment.
If unfinished, the person did everything he considered necessary to obtain the result, but it was not achieved (swinging a knife, but there was an obstacle on the part of the victim). With such an attempt there is no possibility of causing harm. Such attempts do not affect qualifications.
Concept of unfinished crime
A crime always consists of certain stages, at each of which the person carries out one of the components of the objective side. According to Article 29 of the Criminal Code of the Russian Federation, a crime is completed if it contains absolutely all the necessary elements of the crime. That is, it was not only brought to its intended end, but also certain negative consequences occurred, which can be of both a property and non-property nature. It follows that an unfinished crime is an act that was completed before the onset of adverse consequences. The completeness of the crime can be characterized by the stage at which the crime was completed. An unfinished crime will occur when it is interrupted at any stage before completion, and no adverse consequences have occurred.
Completed crime
The general part of the current Criminal Code of the Russian Federation provides a legislative definition of a completed crime. In Part 1 of Art. 29 of the Criminal Code of the Russian Federation says: “A crime is considered completed if the act committed by a person contains all the elements of a crime provided for by this Code.”
Well-known experts in the field of criminal law at one time proposed a similar concept of a completed crime: “A crime is considered completed when the act committed by the perpetrator contains all the elements of a crime described in the disposition of the criminal law.”
N.D. Durmanov understood a completed crime as an act that contains all the elements of the crime, the commission of which was covered by the intent of the perpetrator.
The question of the existence of a completed crime is decided depending on the design of the relevant corpus delicti described in the disposition of the article of the Special Part of the Criminal Code of the Russian Federation. In this regard, in the science of criminal law, three types of compositions are considered: material, formal, truncated. This issue is studied in more detail in the doctrine of the objective side. Within the framework of the topic under study, we note only the following.
In crimes with a material component, the moment of completion of the crime is associated with the onset of consequences, which are a mandatory sign of the objective side and are subject to establishment and proof. The non-occurrence of consequences indicates that the crime was not completed, and in these cases, along with the article of the Special Part, Art. 30 of the Criminal Code of the Russian Federation. This group includes most crimes against the person, property, malfeasance, etc. For example, a murder is considered completed from the moment the victim dies. If death does not occur, then the act is classified as attempted murder. Theft and robbery are considered completed from the moment of taking possession of someone else's property by secret or open means. In this case, one significant circumstance should be taken into account - sometimes the moment of completion of the crime in each specific case is influenced by a number of factors: the peculiarity of the subject of the crime, the situation in which the crime was committed, etc. The following example is typical: citizen N., while on a bus with the aim of committing theft, put his right hand into citizen K.’s shopping bag and grabbed the available amount of money. At the moment when he pulled out his hand with money from the bag, K. felt it and caught the culprit by the hand. N. was detained and subsequently convicted under Part 3 of Art. 30 and part 2 art. 158 of the Criminal Code of the Russian Federation. As can be seen from what was described, N. began to confiscate property, but the confiscation was not completed, the victim did not lose the opportunity to dispose of her property, although the possibility of loss really existed.
At the level of law enforcement activities, the issue of the end point is decided taking into account the specific circumstances of the case. The general premise is this: in crimes with a material element, the crime is recognized from the moment the consequences specified directly in the law or established by analysis occur.
The next type is the formal corpus delicti, where the moment of completion of the crime is associated with the commission of the act itself. The consequences in such compositions are beyond the scope of the legislative structure of a criminal offense. This type of crime is constructed in the legislation in the following cases: firstly, when the consequences inevitably occur along with the commission of the act and therefore it is virtually impossible to separate them from each other; secondly, when a criminal act entails a variety of criminal consequences that are difficult to establish and specify (for example, disclosure of preliminary investigation data); thirdly, when the object of criminal legal protection is so important that the legislator does not consider it possible to wait for the consequences to occur and associate the end of the crime with this moment. The legislator sometimes resorts to a mixed construction of offenses, constructing the main offense as a crime with a formal offense, and a qualified offense with a material offense.
In the theory of criminal law, it is debatable whether an attempt to commit a crime is possible with a formal structure of the crime.
This situation is in principle possible. For example, a person, with the aim of slandering another person, copies slanderous fabrications on a photocopier and then sends them by mail to specific recipients. However, for reasons beyond his control, the letters do not reach their recipients. There is an attempt at libel (Part 3 of Article 30 and the corresponding part of Article 1281 of the Criminal Code of the Russian Federation).
And finally, the third type of crime is a construction in which the moment of completion of the crime is associated with preparatory actions or an attempt. As a rule, the legislator turns to such a construction in the case when the object of the crime represents the most significant relationship for society and the state, or the act itself and its perpetrator pose an increased public danger. The term “truncated composition” itself is very conditional and is criticized by many legal scholars1.
Crimes with truncated elements are a type of formal crimes and belong to the torts of danger. This type of crime has a number of features.
Firstly, crimes with a truncated composition are committed only with direct intent in the presence of a special purpose (robbery with the aim of taking possession of someone else's property, etc.).
Secondly, in the type of crime under consideration, the moment of completion is transferred to the stage of attempt or even preparation (for example, an attempt on the life of a law enforcement officer, etc.).
The legislator, modeling compositions with the end point at an earlier stage, is very cautious in punishing the perpetrators. For example, many norms with a truncated composition retain the possibility of exemption from criminal liability for active repentance.
The practice of modeling criminal law prohibitions with formal and truncated provisions is widely used in the legislation of other countries. As a rule, these are crimes against state security, public order, and international crimes.
Stages of crime implementation
Previously, it was stated that a crime is considered unfinished if it was stopped at one of the stages. Thus, any crime specified in a special part of the Criminal Code of the Russian Federation may be unfinished. In this case, we do not take into account those that are considered completed from the moment the socially dangerous act was committed (illegal possession of weapons). The qualification of an unfinished crime is carried out by determining the stage of execution of the objective side. There are only three main stages:
- cooking;
- assassination attempt;
- completed crime.
In this case, we are not interested in the stage of the completed crime, because the attacker has actually completed the desired socially dangerous act. To understand in more detail what a completed and unfinished crime is, you need to consider the stages separately, because each of them has its own special characterizing aspects. Punishment can vary significantly depending on the stage at which the crime was stopped.
Preparing for a crime
Preparation can be considered the actions of a person aimed at ensuring or creating favorable conditions for the further implementation of the plan. During preparation, the person ensures the future act of commission, practically realizing his criminal plan. A characteristic feature of this stage is that there is no actual damage to certain social legal relations, therefore not all actions during preparation can be identified as socially dangerous.
The preparation stage may include the following elements: finding the necessary means, conspiracy to commit a crime, manufacturing or altering the means. An unfinished crime will occur if, at the preparation stage, the person was unable to complete the planned actions for reasons beyond her control. As for the imposition of punishment, criminal liability arises only in the case of preparation for especially serious and serious crimes.
Evidence required for prosecution
Bringing a guilty person to criminal liability for an unfinished crime is possible only if the following conditions are met:
- At the stage of investigative work, it was possible to find sufficient evidence that the person really had the intention to commit an unlawful act, and he was consciously preparing to commit a crime.
- It is possible to confirm the fact of preparation for a crime with testimony.
- The attacker himself admitted that he was preparing to commit a crime.
In practice, it is quite difficult to prove the existence of such conditions, so law enforcement officers most often observe a potential criminal in order to stop his actions at the time of the attempt. In this case, it is much easier to prove the negative intentions of the perpetrator.
Cooking elements
The process of preparing for a crime can be divided into several types that can take place during the implementation of this stage of a socially dangerous act.
- Search for the necessary means - actions aimed at obtaining an instrument or means of committing a crime. At the same time, the legislator is not interested in the method of acquiring funds (legal or illegal).
- The production or modification of means is manifested in those actions when a person significantly changes the quality of objects for the further commission of a crime or creates new means in a legal or illegal way.
- Conspiracy to commit a crime occurs when a person gives his consent to such an act. The role of the accomplice is completely unimportant, because everyone who carried out the preparation will bear the same criminal liability.
Attempted crime
Actions stopped at the attempted stage are recognized as unfinished crimes. In general, an attempt is the activity of a person aimed at the direct implementation of the objective side of the crime.
In this case, the act is not completed due to reasons independent of the will of the subject. An attempt to commit a particular crime is a crime in itself, regardless of its severity. The classification of unfinished crimes will depend on the type of attempt. Each type is characterized by the degree of implementation of intent.
Commentary to Art. 30 of the Criminal Code of the Russian Federation
Commentary edited by Esakova G.A.
1. When qualifying preparation, it should be borne in mind that in this case the actions that constitute the preparation are not included in the objective aspect of the crime being prepared.
Instruments for committing a crime should be understood as objects directly used in the process of committing a crime, increasing the physical capabilities of a person. The means of committing a crime are objects, substances, energy and devices, the physical, chemical and other properties of which are used to commit a crime.
Purchasing should be understood as acquisition, regardless of the method, means or instruments of committing the crime. This can be a purchase, exchange, acquisition for temporary use, theft, etc. Manufacturing differs from mining in that the means and instruments necessary to commit a crime are created anew. Adaptation of means and instruments for committing a crime involves their conversion from objects already at the disposal of the perpetrator.
Finding accomplices means inducing third parties to commit a crime or recruiting them. If a person, due to circumstances beyond his control, failed to persuade other persons to commit a crime, then he is responsible for failed incitement, qualified as preparation for a crime (Part 5 of Article 34 of the Criminal Code).
Conspiracy means the creation of a group of persons, a group of persons by prior conspiracy or an organized group to commit a crime.
Other intentional creation of conditions for the commission of a crime means the removal of obstacles, study of the location of the alleged crime, and other activities aimed at ensuring the opportunity to commit a crime.
2. When qualifying preparation, it is necessary to distinguish it from the detection of intent, which has no criminal legal significance. In this case, the mere expression of intention, not supported by specific actions, cannot entail criminal liability.
3. An attempt differs from preparation in that it is an attack on an object protected by criminal law, and the actions during the attempt are included in the objective side of the crime being committed. The objective side of an attempt is characterized by three features: a) the action (inaction) is directly aimed at committing (executing) a crime; b) the commission (execution) of the crime is interrupted; c) the commission (execution) of a crime was interrupted due to circumstances beyond the control of the perpetrator.
4. In judicial practice, an unsuitable attempt is also distinguished: an attempt on an unsuitable object and an attempt with unsuitable means. An attempt on an unfit object is characterized by the fact that the real object, to which harm is intended, is not put in danger at all (for example, an attempt to “kill” a corpse or steal drugs mistakenly believed to be narcotic). An attempt with unsuitable means is an attempt to commit a crime with the help of such means and instruments that objectively in this particular case cannot cause harm (a factual error in the means of committing the crime). Both types of inappropriate attempt must be qualified as an attempt on the crime that the perpetrator intended to commit.
Types of assassination attempts
In the theory of criminal law, there are two types of attempt: completed and unfinished. The attempt is considered completed if the person performs all the necessary actions, but the criminal result does not occur for reasons beyond her control. When unfinished, the person does not perform all the necessary actions for reasons that in no way depend on her. In the case of an attempt, a person can be brought to criminal liability, since there may be a completed or unfinished crime. For example, a person illegally possesses a weapon (a completed crime) for the purpose of killing a person. She was detained during the assassination attempt. Thus, a person can be held accountable for illegal possession, as well as attempted murder.
What could an attempt be like?
Unlike preparation, attempt implies the implementation of a deliberate offense. There are two types of developments:
- unfinished attempt - a situation at the time of which unforeseen circumstances occurred that prevented the plan;
- completed - an action that includes the implementation of all planned stages that guarantee getting what you want.
Once this fact is qualified, it no longer matters whether the attempt was completed or not. If at the time of the crime forces of nature, third parties intervened, or something did not go according to plan and the attempt ended in failure, then this will not play a significant role for the investigation.
In such a situation, malicious intent, the awareness of the subject at the time of its execution, as well as the need to understand the overall picture of what is happening in order to consider all the nuances are taken into account.
It doesn't matter that no crime was committed. The only thing that matters is the attempt to accomplish it. The subject will be punished for it.
Unworthy assassination attempt
An unfinished crime and its types is a whole body of knowledge in the theory of criminal law. Today, scientists still highlight some facts that are truly innovative. An unsuitable form of assassination attempt was discovered quite recently. The bottom line is that the criminal deliberately incorrectly identifies the person (object) of his crime. In other words, an error occurs in which an attempt is made on the wrong person. In this case, there will still be liability, except in cases where the offender uses means that are unable to cause any harm.
Assigning punishment for an unfinished crime
Unfinished crimes pose a lower threat to social relations than completed ones. Nevertheless, such socially dangerous acts cannot be ignored. They must be condemned by the state. The legislator described in detail the procedure on the basis of which punishment is imposed for an unfinished crime.
According to Article 66 of the Criminal Code of the Russian Federation, the circumstances under which the crime was stopped are taken into account. For preparation for a crime, the punishment cannot exceed half the maximum term, as well as the amount of the most severe punishment provided for by the sanction of the article of the Special Part of the Criminal Code. For attempted crime, the term of imprisonment should not exceed three-quarters of the maximum term, as well as the amount of the most severe punishment. Thus, the legislator regulates the procedure for sentencing for an unfinished crime, taking into account its lower social danger compared to a completed crime.
Judicial practice under Article 29 of the Criminal Code of the Russian Federation
Determination of the Constitutional Court of the Russian Federation dated September 27, 2019 N 2302-O OF
CONSTITUTIONAL RIGHTS BY ARTICLES OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION The Constitutional Court of the Russian Federation composed of Chairman V.D. Zorkin, judges K.V. Aranovsky, A.I. Boytsova, N.S. Bondar, G.A. Gadzhieva, Yu.M. Danilova, L.M. Zharkova, S.M. Kazantseva, S.D. Knyazeva, A.N. Kokotova, L.O. Krasavchikova, S.P. Mavrina, N.V. Melnikova, Yu.D. Rudkina, V.G. Yaroslavtseva,
Determination of the Constitutional Court of the Russian Federation dated September 28, 2017 N 2164-O
OF RIGHTS AND THE CRIMINAL CODE OF THE RUSSIAN FEDERATION The Constitutional Court of the Russian Federation, composed of Chairman V.D. Zorkin, judges K.V. Aranovsky, A.I. Boytsova, N.S. Bondar, G.A. Gadzhieva, Yu.M. Danilova, L.M. Zharkova, S.M. Kazantseva, S.D. Knyazeva, A.N. Kokotova, S.P. Mavrina, N.V. Melnikova, O.S. Khokhryakova, V.G. Yaroslavtseva,
Determination of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated January 17, 2018 N 18-UD17-98
In addition to the complaint of lawyer M.G. Prosvetova. convicted Tryakin A.Yu. indicates that the investigator did not involve a cadastral engineer in the investigative actions to clarify special terms and land law, a number of land plots were removed from cadastral registration and there is no corpus delicti for them, the boundaries of individual land plots were not established and they are not objects of land relations, crimes against them are unfinished. He believes that in relation to 7 of the nine land plots incriminated against him there is no crime, the court made an incorrect application of the criminal law, which is the non-application of Art. Art. , , of the Criminal Code of the Russian Federation, resulting in an unfair verdict and the imposition of an excessively harsh punishment. He considers all subsequent court decisions unfair. He asks that the verdict and subsequent court decisions be cancelled, that the case be returned to the prosecutor due to the incorrect classification of the crime, and that a preventive measure be chosen against Tryakin in the form of a written undertaking not to leave the place and proper behavior. The complaint is accompanied by information materials in the amount of 15 pieces, which he requests to be included in the case materials.
Determination of the Constitutional Court of the Russian Federation dated September 29, 2020 N 2035-O
L.L. Dmitriev believes that the provisions of Articles 24, 27, 57, 90, 195, 198, 199, 204, 205, 206, 207, 229, 239, 254, 389.15, 401.15 and 412.9 of the Code of Criminal Procedure of the Russian Federation, articles and 159 of the Criminal Code of the Russian Federation contradict Articles 17, 18, 19, 22 (part 1), 46 (parts 1 and 2), 49, 118 (part 2), 120 (part 1) and 123 (part 3) of the Constitution of the Russian Federation, since they violate his rights. In addition, the applicant insists on introducing the amendments and additions he proposes to these articles, asks that the verdict in his case, the ruling of the appellate court and the ruling of the cassation court be recognized as subject to cancellation in the manner prescribed by law, and also to resolve the issue of the responsibility of those responsible for what took place, in his opinion, failure to comply with a specific ruling of the Constitutional Court of the Russian Federation.
Determination of the Constitutional Court of the Russian Federation dated October 25, 2018 N 2768-O
According to part three of article of the Criminal Code of the Russian Federation, criminal liability for an unfinished crime occurs under the article of this Code, which provides for liability for a completed crime, with reference to its article 30, which in part three states that an attempted crime is recognized as intentional actions (inaction) of a person, directly aimed at committing a crime, if the crime was not completed due to circumstances beyond the control of this person. Within the meaning of part three of Article of the Criminal Code of the Russian Federation, applied in conjunction with other norms of this Code, including those defining the principle of guilt (Article 5), the concept and types of intent (Article 25), an attempt presupposes the presence of direct intent aimed at committing a specific crime ( Determination of the Constitutional Court of the Russian Federation dated July 17, 2014 N 1638-O).
Cassation ruling of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated 03/09/2021 N 41-UD20-55
According to Art. The Criminal Code of the Russian Federation recognizes a crime as completed if the act committed by a person contains all the elements of a crime provided for by the Criminal Code of the Russian Federation. As established by the court in the verdict, Shevchenko A.E., having an intent aimed at the illegal sale of narcotic drugs on a large scale, acting for selfish reasons, under circumstances unidentified by the investigation, through the Internet, entered into a criminal conspiracy with an unidentified person who, through hiding places conveyed by Shevchenko A.E. a substance containing a-pyrrolidinovalerophenone, which is a narcotic drug - a derivative of a narcotic drug ... weighing at least 2.294 g, that is, in large quantities, for the purpose of sale to an unknown number of people in the Proletarsky district of Rostov-on-Don through hiding places , which Shevchenko A.E. kept it with me and packaged it into smaller batches in plastic bags.
Determination of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated January 21, 2020 N 70-UD19-17
According to Art. According to the Criminal Code of the Russian Federation, a crime is considered completed if the act committed by a person contains all the elements of a crime provided for by the Criminal Code of the Russian Federation. As established by the court of first instance, no later than September 2015 Stepin V.S. entered into a preliminary conspiracy to illegally sell narcotic drugs with a person, the criminal case against whom was separated into separate proceedings, which was transferred to V.S. Stepin for the purpose of sale. narcotic drugs, and the latter had to pack them into small quantities and place them in caches, and then, using the Internet, report their location to the specified person, who, having received money from the purchasers of narcotic drugs, informed them of the location of the cache. Stepin V.S. suggested to Jabke M.A. distribute drugs, to which the latter agreed.
Determination of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated October 28, 2020 N 20-UDP20-12-K5
According to Art. According to the Criminal Code of the Russian Federation, a crime is considered completed if the act committed by a person contains all the elements of a crime provided for by this Code. Within the meaning of the law, the illegal sale of narcotic drugs is understood as the illegal activity of a person aimed at their paid or gratuitous sale (sale, donation, exchange, payment of debt, lending, etc.) to another person (hereinafter referred to as the acquirer). At the same time, the transfer by a person of the assets being sold to the acquirer can be carried out by any means, including directly, by informing the acquirer about the place of their storage, or stowing it in a place agreed upon with him.
Determination of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated 07/01/2021 N 25-UD21-12-K4
According to Art. According to the Criminal Code of the Russian Federation, a crime is considered completed if the act committed by a person contains all the elements of a crime provided for by the Criminal Code of the Russian Federation. According to the law, the illegal sale of a narcotic drug should be considered a completed crime from the moment the person completes all the necessary actions to transfer the narcotic drugs to the purchaser, regardless of their actual receipt by the purchaser. If a person illegally acquires, stores, transports, manufactures, processes these drugs, thereby committing actions aimed at their subsequent sale, but due to circumstances beyond his control does not transfer the drugs to the purchaser, then such a person bears criminal liability for attempted illegal sale of these drugs. funds.
Cassation ruling of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated September 22, 2021 N 72-UDP21-10-K8
According to Art. According to the Criminal Code of the Russian Federation, a crime is considered completed if the act committed by a person contains all the elements of a crime provided for by the Criminal Code of the Russian Federation. In paragraphs 13 - 13.2 of the resolution of the Plenum of the Supreme Court of the Russian Federation dated June 15, 2006 N (as amended on May 16, 2021) “On judicial practice in cases of crimes involving narcotic drugs, psychotropic, potent and toxic substances “It is clarified that the illegal sale of narcotic drugs should be understood as illegal activity aimed at their paid or gratuitous sale to another person - the purchaser.
Voluntary refusal to further commit a crime
Very often, even in scientific circles, they confuse an unfinished crime and a voluntary refusal to further commit it. With voluntary refusal, a person consciously rejects the possibility of committing a crime; she can complete her plan, but does not want to do it. The subject completely renounces any criminal activity, which significantly distinguishes voluntary renunciation from an unfinished crime, in which a person fulfills part of the objective side. The concept of completed and unfinished crime contains two characteristic features: intent and danger to social relations. In case of voluntary refusal, the person renounces the crime and his intent. If unfinished, she is detained or stopped in other ways that do not depend on her will.
Necessary clarifications
In order to better understand specific situations related to unfinished crimes, it is necessary to carefully study Art. 30 of the Criminal Code of the Russian Federation with comments. These explanations provide a detailed description of each of the concepts used. For example, what is meant by an unfinished crime? This does not mean at all that the person who tried to commit it suddenly changed his mind on his own initiative (due to fear, pity or indecision). Not at all.
It’s just that objective circumstances have developed in such a way that certain obstacles have arisen to completing the criminal actions that have begun. For example, it was raining heavily or there were strangers nearby whose presence did not allow us to continue what we had planned. In addition, the comments describe four types of assassination attempts:
- Unfinished. The subject did not have the opportunity to complete the initiated actions, so they did not lead to a harmful result (for example, the citizen took aim, but did not shoot because he was detained).
- Finished, when the action was objectively carried out, but the expected consequences, dangerous for society, never occurred (the offender shot and missed).
- An assassination attempt committed with inappropriate means. That is, they, in fact, cannot harm anyone.
- An attempt that was made on an unusable object. The subject of the crime has lost its properties or is completely absent.
Reading such explanations makes the essence of this article clearer.
