LawState and Law

What is the object of crime

The object of the crime is understood as the public relation, which is under the protection of the criminal law currently in force , to which the criminal act somehow causes certain harm or simply creates a threat.

The concept of an object of crime

The Criminal Code lists possible objects of crime. The most important object on the list is the most important object - the rights and freedoms of all people. This list can not be called stable, as it changes quite often. Changes largely depend on the socio-economic relations that exist in the country for a given period of time. Of course, the society is developing, and this means that new groups of social relations are emerging, which should be regulated by criminal law. It is also worth noting that from time to time there is a decriminalization of acts previously attributed to criminal.

The object of the crime must be studied primarily because it is an important element of the crime. This means that before accusing a person of something, it is necessary to establish what kind of social relations he has harmed by his deed. The object of the crime is absent - there is no criminal case. It is worth noting that it allows you to share similar crimes.

In general, it is necessary to understand that the severity of the crime committed directly depends on the significance of its object. For example, the fact that a capital punishment can only be applied for a crime that has been committed against an individual can be cited.

Often the object of crime is confused with the subject. What is the crime subject? This is the very property for which a person has committed a specific deed. As an example, we can name the situation when the object of crime is the relation of property, and the object is an old vase. At the time of committing a crime, this or that social relationship is still being harmed, but the object may not suffer at all. It should not be confused with the victim, since the latter can only be a person.

There is a separation of the objects of crime. At its core is the circle of social relations suffering from committed acts. The object of the crime can be:

- immediate;

- Species;

- generic;

Common.

A common object is the aggregate of all social relations that are under the protection of the criminal law. Under the generic understand social relations of one kind, are in a certain connection with each other and suffer from encroachments of homogeneous crimes. This object is the criterion of division for the Special Part of the current Criminal Code.

The specific object of a crime is nothing more than the totality of identical and similar social relations belonging to the same species. Here, if one social harm is harmed, others suffer from it. As an example, one can mention the fact that, while attempting to human health, a criminal somehow encroaches on his life, and vice versa. This object of crime is the basis for dividing the heads of the current Criminal Code.

The last is the immediate object. It is understood as a specific relationship, which is harmed. He is the basis for dividing the Criminal Code into articles. The immediate object can be primary or optional. In the first case, its content must coincide with the content of the generic object; in the second case, the crime is not directed to the main object, but it touches it, causing certain harm.

This object of crime (that is, direct) can also be optional. In this case, harm is inflicted on that social relation, which is not mentioned in the article in question.

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