Unfinished crime and its types The concept of unfinished crime.
Unfinished crime and its types The concept of unfinished crime.
Types of stages of the crime. The Criminal Code criminalizes and punishes three stages of the crime:
preparation for crime; attempted crime, which together with the preparation for the crime constitute an unfinished crime; completed crime.
Signs of preparation for a crime and attempted crime are provided for in Article 14 and Article 15, respectively, and completed crimes – in the provisions of the articles of the Special Part of the Criminal Code. If the crime is over, it absorbs all stages of its commission, they have no independent significance and do not affect its qualification.
The crime is over
The concept of a completed crime. A completed crime is an act that contains all the elements of a crime under the relevant article of the Special Part of the Criminal Code (Part I of Article 13).
In the completed crime there is a unity of objective and subjective parties. Here the perpetrator fully realized the intent, completed the act, performed all the actions that form the objective side of the crime, caused damage to the object.
The moment of the end of crimes with material, formal and truncated composition. The moment of the end of a crime is different depending on a design of structure of a crime, the description of signs of a criminal act in the law. The legislator uses three types of construction of corpus delicti. In this regard, there are crimes with material, formal and truncated structures.
A crime with a material component is considered to be over from the moment when the socially dangerous consequence specified in the disposition of the article of the Special Part of the Criminal Code has occurred. Thus, theft, robbery, destruction or damage to property are completed from the moment of causing property (material) damage to property (Articles 185, 186, 194), murder – from the moment of deprivation of life of another person (Articles 115- 119), and bodily injuries – from the moment of assignment of various severity of harm to human health (Articles 121-125 and Art. 128).
If in crimes with material structures the dispositions of article of Criminal Code socially dangerous https://123helpme.me/ethan-frome/ consequences did not come, it can be only about the unfinished crime (preparation for a crime or attempt on it).
A crime with a formal composition is considered to be over from the moment the act itself is committed, regardless of the occurrence of socially dangerous consequences. Thus, the disclosure of a state secret (Part 1 of Article 328) is considered complete from the moment of disclosure of information that is a state secret.
Truncated crimes are a type of crime with a formal composition, so they are also completed from the moment the act itself is committed. Their peculiarity is that the moment of the end of the crime is postponed by the legislator to the previous stage, ie to the stage of preparation for the crime or attempted crime. In fact, in truncated structures, the legislator provides in the Special Part of the Criminal Code liability for attempted crime, and sometimes for preparation for the crime as separate independent completed crimes. Such a construction is resorted to by the legislator in relation to the most dangerous actions in order to strengthen the fight against them in the early stages. Thus, banditry (Article 257) is a completed crime since the organization of an armed gang to attack enterprises, institutions, organizations or individuals; robbery (Article 187) – from the moment of an attack for the purpose of taking someone else’s property; extortion (Article 189) – from the moment when the requirement of transfer of another’s property or the right to property or commission of any other actions of property character is put. The creation of truncated warehouses makes it possible to prevent the mitigation of punishment for preparation for a crime or attempted crime and to consider the stages of preparation or attempt to commit a crime as a completed crime.
When committing crimes with a truncated composition, the person usually does not stop at the stage of a legally completed crime, does not stop it, but performs further actions covered by the same corpus delicti and aimed at the same object, and harms him. The discrepancy between the legal and the actual termination of the crime is important in resolving a number of issues, including the possibility of complicity until the end of the actual encroachment on an object under the protection of the law, and so on. For example, banditry (Article 257) is completed from the moment of organization of the armed gang, assistance of banditry can be carried out not only in the course of creation of a gang, but also at commission of separate bandit attack.
Unfinished crime and its types
The concept of unfinished crime. Completed and unfinished crime are related concepts. From the definition of a completed crime (Part 1 of Article 13) it follows that an unfinished crime is an intentional, socially dangerous act (action or omission), which does not contain all the signs of a crime under the relevant article of the Special Part of the Criminal Code in this regard that the crime was not completed for reasons beyond the control of the perpetrator. An unfinished crime is preparation for a crime and attempt to commit a crime (Part 2 of Article 13). In the literature, an unfinished crime is often called: previous criminal activity, started, unfinished crime, unsuccessful activity in committing a crime.
In the case of an unfinished crime, the intent of the perpetrator remains completely unrealized, the objective side is not developed, the object is not damaged. In the completed crime, the intent is fully realized, the objective side is fulfilled, the object is harmed.
An unfinished crime (preparation for a crime and attempted crime) is an unrealized possibility of inflicting damage on the object of encroachment. Criminal activity is terminated due to circumstances that arose against the will and desire of the subject.
An unfinished crime can be committed through both active behavior (action) and passive (inaction). At the same time, the peculiarities of the composition of many crimes exclude the stage of preparation for the crime or the stage of attempt to commit a crime or both.
If a certain motive and (or) purpose are obligatory features of the composition of a completed crime, they must also take place in an unfinished crime. Thus, an attempt to steal will be an attempt to steal property, which is associated with a selfish purpose and motive.
Types of unfinished crime in accordance with Part 2 of Art. 13 is preparation for a crime and attempted crime.
The concept of preparation for a crime, its objective and subjective features. Part 1 of Art. 14 stipulates that preparation for a crime is the search for or adaptation of weapons, the search for accomplices or conspiracy to commit a crime, the removal of obstacles, as well as other intentional creation of conditions for the commission of a crime.
In preparation for the crime, the actions of the perpetrator are not directly aimed at the object and do not put him in immediate danger. The subject of does not perform the act that is a necessary feature of the objective side of the crime. From the objective point of view, preparation for a crime can manifest itself in various actions, but what they have in common is that they all consist only in creating conditions for committing a crime, which, however, is not completed for reasons beyond their control … the perpetrator (for example, the perpetrator was detained by the authorities).
3 of the subjective side, preparation for a crime is possible only with direct intent, ie the person realizes that he creates the conditions for committing a certain crime and wants to create such conditions. At the same time, the perpetrator intends not to limit himself to preparing for a crime, but to commit such actions that will lead to the end of the crime.
Types of preparation for crime. In accordance with Part 1 of Art. 14 preparation for crime is manifested:
a) in search of means or tools to commit a crime; b) adaptation of means or tools for committing a crime; c) search for accomplices; d) conspiracy to commit a crime; d) removal of obstacles; e) other intentional creation of conditions for committing a crime.
The search for means or tools to commit a crime is any act of acquiring, obtaining, temporarily borrowing, buying, searching for, means or tools to commit a crime, and so on. The method of finding means or tools can be both criminal and non-criminal. The means of committing a crime should be understood as objects of the material world used in the commission of a crime. They are either necessary to commit a crime, or facilitate or expedite its commission (for example, forged documents for fraud, narcotics for rape, etc.).
Instruments for committing a crime are objects intended for the direct execution of actions that form the objective side of the composition of the completed crime (for example, weapons, locks, etc.). Thus, the instrument of a crime involving selfish encroachment on private property should be understood as such items or technical means that are intentionally used to steal or seize property, as well as to facilitate the commission or concealment of a crime.
Means and instruments of committing a crime may be intended by their nature only to achieve a criminal purpose (for example, a poison made for murder) or used for other purposes (for example, paper and paints for counterfeiting and painting).
Adaptation of means or tools for the commission of a crime is any action to make or alter objects, as a result of which they become suitable or more convenient or more effective for appropriate use.
Searching for accomplices is any action to attract, involve other persons in the commission of a crime: the perpetrator (co-perpetrator), the organizer, the accomplice or the assistant.
A conspiracy to commit a crime is the consent of two or more persons to commit a crime together.
Removal of obstacles is the removal of obstacles that prevent the commission of a crime, the commission of criminal intent.
Finally, other intentional creation of conditions for the commission of a crime is a variety of actions that create an opportunity to commit a crime (for example, preparation of the crime scene, storage for hiding the abducted, etc.).
It should be borne in mind that the concept of intentional creation of conditions for the commission of a crime covers all the preparatory actions specified in the law, which are named by the legislator because of their greatest prevalence.
Separation of preparation for a crime from detection of intent. Under the detection of intent is understood as a manifestation of a person by one means or another (orally, in writing, in another way) intent to commit a crime. According to Article 11, a crime is a socially dangerous illegal and culpable act (action or omission) committed by the subject of the crime provided by the Code. When intent is detected, there is no action or inaction, so detection of intent is not considered a stage of the crime and does not entail criminal liability.