Subjects of crime in criminal law: the concept, types, signs. Special subject of crime in criminal law and its meaning. Object and subject of crime in criminal law

Crimes - acts dangerous to society - are committed by specific people. In each case, individual traits are found, relating, inter alia, to the characterization of the guilty person. The concept of the subject of a crime under the criminal law of Russia unites in itself the most typical properties of a person committing a punishable act. Let's consider them in detail.

Subjects of crime: the concept and symptoms

Criminal law formulates specific features that characterize a person subject to prosecution. The subject of a crime in the criminal law of the Russian Federation is one of the key categories. It is a set of characteristics. In the absence of any link in this system, a person can not be held accountable. The problem of the subject of a crime in the criminal law at the present stage of development of the legal doctrine is connected with the establishment of the sanity of the person involved as a suspect. However, this is far from the only issue, the solution of which is complicated.

Object and subject of crime in criminal law

In any composition of the act there are two main parts. They characterize the object and the subject of the crime. In criminal law, such a design is considered mandatory for any composition. One part describes the object to be attacked. For example, it can be health, property, life, right. The second part concerns the person guilty of the deed. In it, for example, such criteria as the presence and nature of intent are formulated. The subject of a crime in the criminal law of the Russian Federation is a living physical person. According to Art. 5 of the Criminal Code of the Russian Federation, it is impossible to prosecute an organization (legal entity), an animal, an inanimate object. Legislation connects responsibility with the ability of a citizen who committed an act, to realize his actions, to manage them. Only people have such possibilities. In the case of prosecution under the Criminal Code of the legal entities, the goals of punishment (preventing new acts, correcting the convicted person) will be unattainable. This is due to the same fact that criminal sanctions are designed to affect only people.

The ability to recognize actions

The concept of the subject of a crime in criminal law is closely connected with the legal capacity. The ability to understand and control one's own actions appears in a mentally normal person not from birth. Optimal age of its acquisition is 16 years. By this moment, the person already has a certain experience, the criteria of world outlook and perception are formed. At 16 years, the ability to understand the nature of their behavioral acts in terms of usefulness for others. The subject of a crime, therefore, is a person who committed an act that poses a threat to society, and can, according to the law, bear responsibility for him.

CC

It applies to citizens of the country, foreigners, persons who do not have citizenship. Diplomatic representatives and other subjects, endowed with immunity, in the commission of a crime on the territory of Russia will be responsible for international standards. This provision is provided in Art. 11, part 4 of the Criminal Code. The presence of immunity from prosecution, in accordance with domestic law, does not mean that in violation of norms such persons will not act as subjects of crime. In criminal law, exemption from liability for non-rehabilitating reasons is allowed in such cases.

Criteria

The signs of the crime subject in the criminal law are as follows:

1. Achieving a specific age.
2. Individual.
3. Responsibility.

These criteria are considered basic. They have any subject of a crime under Russian criminal law. In addition to the basic, there are also optional criteria. They have a special subject of crime. In the criminal law for such persons, as a rule, a more severe punishment is provided.

Age

Juvenile citizens can not act as subjects of a crime. In Criminal Law, the basis for determining the age at which a person can be held accountable is the degree of consciousness of the minor. Young people can not sufficiently understand their actions and manage their behavior. CC differentially approaches the issue of determining the age at which citizens can be attracted as subjects of crime. In the Criminal Law, for most acts, full responsibility is established from the age of 16. However, the Code provides for a number of articles in which the minimum age is reduced to 14 years. For example, they include art. 105 (murder), art. 131 (rape), st.205 (terrorism) and others (total 20 articles). All these acts are considered intentional. The decrease in the age minimum is conditioned by the special social danger of such crimes.

An exception

As a manifestation of the principle of humanism and justice, it is the norm that minors who have reached the age specified above, but who are characterized by a lag in mental development (not conditioned by mental disorder), can not be involved as subjects of crime. In criminal law, the compulsory conditions for the application of punishment to the perpetrator are his ability to understand and guide his behavior. In the described case, due to the backlog in development, a person does not have this ability at the time of committing an act.

Adults

In some cases, only they can act as subjects of crime. In criminal law, on the 18th anniversary, a special character of the deeds is associated. They can be performed only by persons who have reached the age of 18. Such acts, for example, include the involvement of a minor in criminal or other antisocial activities, evasion from alternative and military service, etc.

Additionally

A senior age corresponds to some formulations. For example, for issuing a knowingly unjust decision or other act, only a judge can be punished. That is, among other things, this person must reach 25 years at least. Higher limits are characteristic of doctors, captains of ships. Thus, the types of subjects of crime can be identified by age. In the criminal law, in all of the formulations without exception, the main criteria are typical. Additional properties allow you to identify certain activities in a separate category. It is called special.

Age determination

When determining it, it is necessary to accurately identify the number, year and month of birth. In special cases, examination is used. A teenager is recognized as having reached the appropriate age in accordance with the conclusion of a specialist about the minimum number of years. If his date of birth is accurately known, the countdown begins the day after the official date of birth. If experts call only a year, then the birthday will be the last day of this year.

Responsibility

This is another necessary criterion, which must be possessed by the subject of the crime. In the criminal law of the Russian Federation, punishment for what was done can only be made by sane persons. Unscrupulous citizens may be subjected to compulsory medical treatment. It is not considered a punishment. The sanity is the mental state in which a person in the process of committing an act is able to understand the nature of acts and manage them. The speech is not only about realizing the actual, but also the social significance of actions and consciously guiding them. This is peculiar only to the mentally healthy and fully intellectual people.

Medical and legal criteria

They are used in criminal law to explain insanity. The legal criterion is determined by the court. The body authorized to consider a criminal case assesses the person who committed the act as incapable of understanding the nature of behavioral acts and directing them. On the basis of medical criteria, the reasons for this state are disclosed. In them, in particular, are the morbidity of the psyche, the lag in development. Along with this, not every violation is recognized as a sign of insanity. Only those who at the time of committing an act prevented a person from realizing their behavior are taken into consideration. For example, a criminal has signs of oligophrenia, a stage of mild debility. According to experts, this disease did not exclude the possibility for a citizen to understand the danger of their actions and the ability to manage them. Based on the opinion of experts, the court recognizes the subject as sane.

Special subject of crime in criminal law

Along with the sanity and the appropriate age of responsibility, the perpetrator may possess, as was said above, additional characteristics. They can be indicated in the law or directly based on norms. These signs limit the range of subjects that may be involved in specific crimes. Such criteria go beyond the general requirements. They are characterized by different properties of the citizen.

Specification of formulations

The legislator formulates a special responsibility for certain acts. This is due to several reasons. First of all, in reality some crimes can be committed only by certain subjects. A number of acts reach a level of public danger, causing the need to apply severe punishment, only when they are carried out by a person who has specific criteria. For example, a bribe can be obtained and not an official. But the public danger arises only when an official of the state agency is involved in bribery, since such behavior destabilizes the normal functioning of the power structure.

Role of characteristics

The legal value of the subject of a crime in criminal law is strengthened with additional criteria. The role of common (uniform for all compositions) and special characteristics is different. So, in the absence of at least one of the common signs of the composition of the crime is not formed. A different situation with additional criteria. If the properties of a special subject are not revealed, in some cases criminal liability is completely excluded, while in others only the qualification of the crime varies .

Classification of additional criteria

Special characteristics can be divided on such grounds as:

1. Sexual signs.
2. State ownership (citizen, foreigner, stateless person).
3. Marital status (children, parents or substitute people).
4. Attitude to military duty.
5. Job status.
6. Professional duties.
7. A special provision related to the commission of a criminal act (convicted of a serious crime, previously convicted, a recidivist, serving a term in custody).
8. The nature of the work performed (member of the election committee, employee, whose activities concern information constituting state secrets, the seller).

The development of criminal legislation has always been accompanied by a steady trend towards an increase in the number of trains with special criteria for subjects. In the current Code there are about 40% of such articles. The special part contains 2 chapters, in which there are systems of corresponding norms. They include, in particular, crimes against state power, the interests of the civil service and the activities of local authorities and military service.