A continuing and continuing crime: types and features of calculating periods of limitation

At all times, public relations between people in the states was regulated in many ways. Initially, violence was used. He was replaced by religion. But all these methods were not compared with the law, which has proved to be the most appropriate mechanism for coordinating relations within the society. Over time, this regulator developed and modernized. This led to the emergence in it of a large number of individual segments or industries, which allowed to coordinate the relationship of one or another orientation.

Quite specific and one of the key today is the criminal law branch. Its main goal is to protect the population from such negative factors as offenses. This task is realized due to the influence on the relations that are caused by the fact of committing a socially dangerous act - a crime. It should be noted that in the theory of criminal law much attention is paid directly to the action of a negative nature. Because it is a systemic phenomenon that has an internal structure and separate species. Noteworthy are today compound, continuing and continuing crimes, the features of which we will consider in the article further.

Criminal law: features and concepts

Before considering a continuing and continuing crime, it is necessary to understand the specifics of the industry within which they exist. In the Russian Federation there is a sphere of legal regulation, which is called criminal law. It is a set of state-sanctioned norms that are aimed at regulating relations in the sphere of committing crimes. In addition, this industry coordinates the mechanism for imposing punishment for socially dangerous acts. As we see, the key parameter in criminal law is crime, as well as its characteristic features. After all, it is because of its commission that the action of industry norms begins.

Features of the crime

The act is a key factor in criminal law. It is on its basis that the criminal industry exists. In this case, the act may be lawful or illegal. Criminal law deals only with offenses of a certain kind, namely: socially dangerous. Crime can manifest itself in two forms: inaction and action. In this case, the consequences are of great importance. They should be as negative as possible, so that a specific action is recognized as socially dangerous. The same requirements are advanced if the qualification requires a continuing and continuing crime.

Composition of socially dangerous action

A continuing and continuing crime can be distinguished on the basis of the characteristics of their compositions. According to the general theory, any offense has a number of structural elements that are interrelated with each other. Crime in this case is no exception. Thus, the perfect action must have all the characteristics characteristic of the crime, so that it can be recognized as such. To date, the following mandatory elements of the composition are distinguished, namely:

• subject;
• an object;
• The subjective side;
• The objective side.

The presented elements characterize a concrete act and allow to reveal the degree of its danger for the relations arising within the society. If all the facts indicate the commission of a crime, then the question of the existence of a multiple or a single species is decided. At the same time, the latter type is characterized by a large number of features that are manifested in its composition and other aspects.

A single crime is a concept

A single crime (lasting, continued, compound) has a mass of specific interpretations. However, there is a general view of this problem. According to him, a single crime is an act that contains the composition of elements of one crime punishable by the current criminal legislation. But in this case, the logical question arises: why select the type of individual crimes, if so provided for in separate articles of the Criminal Code of the Russian Federation?

The problem is that some crimes are realized through the implementation of several actions. In this process, several forms of guilt are possible. Such facts in the aggregate significantly complicate the process of qualification of crimes. At the same time, such concepts can not be applied to the notion of plurality, since they are uniform in their essence.

Types of single crimes

The type of socially dangerous acts mentioned in the article, as mentioned earlier, is a structural problematic. It has its own characteristics and, of course, species. The last element is divided into two groups, namely:

1. The individual crimes are the same in the following parameters: they infringe on one object, the realization occurs through one act, they contain a single composition and are provided by one article.
2. Complex crimes are characterized by a specific objective side. In addition, they infringe upon a group of objects and have several forms of guilt. These are compound, continuing and continuing crimes.

As we see, the existence of such features can cause a number of certain difficulties in the process of law enforcement activities. Therefore, the delineation of a single crime, continued, lasting and compound is possible only when analyzing a whole system of interrelated characteristics. In addition, each species must be considered separately in order to understand in detail the features of its composition and the consequences that it can bring to public relations of a certain kind.

The notion of continuing and continuing crime

The most confusion arises in the analysis and qualification of crimes of a continuing and continuing type. Thus, before characterizing the features of these species, it is necessary to distinguish their concepts. A continuing crime is if the perpetrator in its implementation deliberately fails to fulfill certain duties that are imposed on him under the threat of criminal prosecution. As for the ongoing crime, it is a system of identical acts that are united by a single intention and the way of its implementation. Thus, the key aspect in this case is played out by the objective side of continuing, continuing crimes. Because it is on its basis that they can be delineated and properly qualified in practice. Compound crimes in this case are significantly different from those presented earlier, as will be indicated below.

Features of lasting deeds

As mentioned earlier, the difference between a continuing crime and an ongoing crime is possible on the basis of the concept and the objective side. It should be noted that the mechanism for qualifying such acts was developed in prerevolutionary Russia. According to old and new tendencies, such an act implies a certain criminal state in which a person carries out activities that are expressly prohibited by the current criminal legislation. The statements about continuing crimes are directly fixed in certain acts of the relevant sphere. For example, the Criminal Codes of Turkmenistan and Uzbekistan contain norms defining the socially dangerous acts described. An example of a crime in the criminal industry of Russia is illegal possession of weapons.

The commencement of an act takes place from the moment of the actual receipt of power over the weapon and continues until it is identified by law enforcement agencies. Thus, the person knew about the prohibition of illegal possession and storage of certain items, but deliberately did not fulfill the duties stipulated by law. This led to the fact that during the whole period of storage the individual committed a single, continuing crime. This fact excludes the possibility of imputing to the person of the aggregate or repetition, which certainly influences the further process of awarding punishment. The ongoing crime in this case in many respects differs from lasting for a number of reasons.

Continuing socially dangerous acts

The individual ongoing and continuing crime are similar among themselves in some parameters, however, in fact, they are completely different constructions. The main difference is manifested in the way the objective side is realized. The continuing crime, according to the concept presented earlier, is characterized by a system of identical acts, which in themselves are socially dangerous. However, they are realized with respect to the same object and at the same time are united by common intention. An example of such an act could be the theft of computer components from the enterprise with the purpose of further assembling a fully working apparatus.

Continued crimes in practice are difficult to identify and qualify, because their existence in most cases depends on the subjective side. That is, it is necessary to prove the existence of a single intent. Otherwise, we can not talk about the presence of a crime of a continuing nature.

Characteristic features of continued crimes

Any kind of socially dangerous acts have their own peculiarities. Continued crimes in this case are no exception. There is a whole system of characteristic aspects of such acts that distinguish them from lasting and composite. They include the following, namely:

1. The ongoing crime consists of several identical acts.
2. Each act is a separate crime, although they are not subject to independent qualification.
3. The system of committed acts must be united by a single criminal intent.
4. The ongoing crime is committed with a single ultimate goal.

These features, as we see, show a significant difference between the continued acts and other complex ones.

A continuing and continuing crime is the calculation of terms

The problem of calculating the timing for the qualification of the acts of the character mentioned is due to the absence in the substantive law of their definition. Therefore, in the process of judicial practice, the relevant bodies use the Decree of the Plenum of the Supreme Court of the USSR of March 4, 1929. It contains provisions that help solve the problem of calculating the limitation period. When we talk about the continued crimes, then the moment of the beginning of the term is the last act, which is united by the appropriate intent. The order for continuing crimes is somewhat different. Here the limitation period is calculated from the moment of the termination of the crime according to the will of the person or in spite of it.

Compound crime

Continuous, continuing, complex compound crimes are similar in many ways. In the last two cases, a whole complex of independent acts is realized. However, with the continued version, there is a single intent, that is, a subjective characteristic. A compound crime in this case contains several criminally punishable acts that may not be united by a single intent, but for objective reasons they are one whole, for example, mass riots.

The difference between complex single crimes and multiple

In addition to qualifying complex acts, many questions arise when they are delineated with multiple crimes. In this case, it is necessary to analyze some of the main factors. Multiple crimes are characterized by the infringement of several objects, the presence of two or more trains of different crimes, carried out by actions that are essentially dissimilar in nature. As we understand, in the analysis of unified complex acts such signs are absent.

Conclusion

So, we found out what unified, lasting, lasting crimes are. In addition, the article highlighted the main features and qualification aspects of these acts on the basis of the provisions of the current legislation of the Russian Federation.