The concept and structure of criminal law

The structure and system of the criminal law is very clear. Its elements have their own numbers and names. The article will consider the concept, features and structure of criminal law.

General information

The structure of the criminal law and criminal law is of particular importance in the qualification of crimes and the imposition of penalties for them. The numbering of provisions can not be changed when the Code is added to or excluded from it certain elements. The newly introduced norms are not placed at the end of the chapter or section, but in those places that are conditioned by their content. In this case, the new position also acquires a serial number. It is similar to that of the previous one, but a digital index is added to it. Thus, the whole structure is formed.

Articles of the Criminal Law

As a rule, they include several parts. Each of them also acquires a digital signage. Some provisions, except for parts, have points. They are indicated by letters. This structure of the criminal law allows you to quickly find the necessary position, most fully qualifies this or that act. In some elements of the Special Part of the Code, there are notes. They formulate important definitions. For example, to Art. 158, part 1 there is a note describing what theft is. To Art. 285, part 1 is a footnote defining the term "official". This allows us to specify the criminal law. The features and structure of the provisions distinguish them from those contained in other Codes.

The Criminal Code provides for clarification of the conditions for exemption from liability for a particular crime. Examples are Art. 204, 151, 126 and so on. In order for the concept of criminal law and its structure to be clear to ordinary citizens, there are notes on qualifying criteria for crimes. For example, it explains what a "large size" and other definitions are.

Types and structure of criminal law

In each element there are prescriptions, which are designed for repeated use. Through them, the behavior of subjects in society is regulated. The structure of the norms of the criminal law provides for certain models within which all people should act. They are aimed at preventing acts that, when committed, inflict significant harm on the interests of the state, society and the individual. In addition, they formulate rules in accordance with which perpetrators can be held accountable and bear certain punishments. The structure of the norms of the criminal law includes prohibitions on the implementation of specific actions or instructions for permissible and proper behavior. They are aimed at all persons who are on the territory of the country. These behaviors are expressed in writing and recorded in the text of the Code. The structure of the criminal law of the Russian Federation is universally binding. It is implemented through the use of coercive measures against violators of prohibitions or regulations.

General and Special Parts

The structure of criminal law is manifold. This, in particular, is evident when comparing the Special and General parts of the Code. The differences in them are determined by the direct content of the provisions present there. So, in the Special part, bans are mainly imposed. The general part basically contains principles, declarations, definitions, regulating and authorizing norms. The provisions of the Special Part include 2 elements:

1. Disposition . In it, with a certain degree of completeness are set out the signs of behavior, which is under prohibition.
2. Sanctions . In this part, an indication is given of the type and amount of punishment for violations of the prohibition in the disposition.

The structure of the criminal law in the Special Part does not directly provide for the existence of a hypothesis. However, it is implied. Hypothesis in this case means that if a person committed an act established in the dispositions, then sanctions are applied to him. A number of authors, however, say that the structure (structure) of the criminal law in the Special Part is formed according to the classical three-term scheme.

Disposition

In theory, several of its types are distinguished:

1. Blanket.
2. Simple.
3. Descriptive.
4. Reference.

For a simple disposition, there is no description of the signs of a crime. She only calls the forbidden act. For example, in Art. 126, part 1, the disposition duplicates the name of the provision - "Abduction of Man". A simple disposition is applicable in cases where the signs of a crime are clear and they do not even require a brief description. But no matter how simple the act could seem, its main features should be clearly enshrined in the text of the Code. In this regard, according to some experts, simple interpretations should be avoided.

Descriptive disposition

This element in detail (to a certain extent) indicates subjective or objective signs of misconduct. Along with this, the most important terms used in the CM provisions are disclosed. For example, such is the disposition in Art. 158. It reads: "Theft is the secret theft of property belonging to another person." The level of detail of the signs of the act with the use of the descriptive element can be different.

Referential disposition

She does not directly identify signs of a crime. Such a disposition refers to the article or its parts, in which they are presented. Usually it is applied in parts 2, 3, 4 of the Special Part. It sounds like this: "This same act committed ..." or "The Acts provided for in parts 1, 2 of this article, which are committed ...". The referential disposition allows us to compactly state the essence of the prohibition, when the specifics of the crime are partially or fully disclosed by reference to other provisions of the Criminal Code.

Blanket elements

Such dispositions in the most general form indicate the specific features of a particular crime. For details, you have to turn to other sources. As such, for example, government decisions, the Federal Law, the explanations of the Armed Forces, and so on can come forward. The use of such dispositions is conditioned by the fact that crimes are often quite complex in nature, and it is not possible to describe their characteristics in detail in the position of the Criminal Code. In this case, the prohibition is formulated in the most general form. It is assumed that explanations will require referring to other sources that are not related to the criminal sphere, but which contain material from the tax, civil, administrative or other field. Blanket are considered dispositions of the norms of the Special Part. They provide responsibility for various violations of safety rules. This can be seen in Art. 215-219. For example, in order to understand what the violation of traffic rules or the operation of transport means, it is necessary to turn to the Rules of the Road Traffic in Russia.

Additionally

The structure of criminal law includes provisions in which blanket features are present. For example, in Art. 195-197 as such an element is a person who is subject to liability, Art. 188 and 189 - this is the subject of a criminal act, in Art. 250, part 2 and art. 262 - the place and method of commission, in parts 2 of Art. 249 and 248 - consequences that are dangerous for society. Blanket dispositions can be spoken of when the provisions of the Special Part describe the violation of regulations of other industries.

Sanction

This is the second mandatory element of the articles of the Special Part. He formulates the punishability of an act that carries a public danger. The sanction may be:

1. Certain.
2. Reference.
3. Alternative.
4. Uncertain.

The latter consists in a general indication of the punishment for a particular crime without establishing specific limits. This type is used in international law. A certain sanction indicates a single size and type of punishment that a court can order for a particular deed. Such elements are applied in codes of foreign states. For example, in Germany, only a life sentence is provided for murder. In the RSFSR Criminal Code that was in force since 1960, the death penalty served as an absolutely definite sanction. It was provided for the murder of a police officer in the presence of aggravating circumstances. Referral sanctions do not determine the size and type of punishment for a particular deed. They establish the punishability by referring to other articles of the Special Part. Earlier, such sanctions were present in the Criminal Code of the RSFSR. Now they are found in codes of foreign states. In the domestic Criminal Code it is not customary to apply sanctions, indicating only the minimum level of punishment. For example, in Germany for robbery is provided at least a year in prison. In the case of the Russian Code, when such sanctions are used, it is assumed that the maximum limit is equal to that established for such an act in the General Part.

Relatively specific punishment

Such sanctions allow the court to choose the type of liability within certain limits. This is achieved by:

1. Formulation of the upper and lower limits of punishment. For example, in Art. 105, part 1, the perpetrator can be sentenced to imprisonment from 6 to 15 years.
2. Instructions only on the upper limit of punishment. For example, in accordance with Art. 106 of the Code, the mother who killed her newborn child is appointed up to 5 years in prison. As the lowest limit will be the one that is set art. 56 CC.

Alternative option

Such a sanction is considered typical for the domestic Code. It, like a relatively definite one, allows the individualization of punishment, taking into account the identity of the perpetrator, as well as the circumstances of the commission of the crime. There are several points in this sanction. In each of them the type and size of punishment is determined.