Severe and especially serious crimes and their classification
In the Criminal Code, crimes differ not only in terms of the object, but also in the severity of the consequences or circumstances.
Basic types of crimes
Classification of grave and especially serious crimesimplies a level of such a danger that threatens the society as a whole or its individual elements, which the act represents. The differentiation of crimes by category began to be applied not so long ago, in comparison with France, which began to use the multi-stage division of crimes since 1810.
In the Russian criminal law, the acts are divided into:
- A little heaviness.
- Of moderate severity.
- Particularly serious.
Within each of the categories there is also a division. Types of serious and particularly serious crimes:
- With the presence of aggravating circumstances (qualified).
- With the presence of mitigating circumstances (privileged).
It should be noted that qualifiedcrimes have special signs. Depending on their availability, the crime envisaged by a specific article of the Criminal Code can be simple in the first part, in the second part - of moderate severity (the presence of qualifying signs) and in the third - severe (the presence of especially qualifying signs).
For example, in Article 111 (infliction ofirreparable damage to health), parts 1 and 2 indicate the circumstances that allow us to say that if they are available, this act will be considered serious. In parts 3 and 4 of the same article, the infliction of harm on the offender's intent was intended, in the presence of aggravating circumstances, would be considered particularly serious.
Appointment of punishment
It is by the level of danger to which thesociety, crimes were demarcated by the legislator, which establishes penalties. These sanctions are defined taking into account not only the principles of morality, but also the adequacy and proportionality of the term and nature of punishment for the crime committed.
For example, to clarify whichcrimes are serious and especially grave, you can pay attention to the penalty for a crime. For crimes that are serious, the maximum deprivation of liberty is up to 10 years, and especially grave - more than the specified period, life imprisonment or death penalty.
Inadvertence of committing a crime
When qualifying a crime,take into account that only acts of small gravity can be committed accidentally, as well as crimes of medium gravity. Heavy and especially serious are committed only deliberately. The law does not describe any act committed by negligence, which is dangerous for society and entails appropriate punishment.
To crimes that can be committed by(articles 108, part 1, and 114 of the Criminal Code of the Russian Federation), the death of the victim with the careless act of the perpetrator (article 109, part 1), causing damage to health in a state of affect ( article 113) and others. This takes into account the element of surprise in terms of the consequences.
For example, the perpetrator of a crimewanted to beat the victim, but accidentally struck a blow in the area of the temple, from which he died. Accordingly, the offender did not want this effect in the implementation of his intent, so this murder will be considered a death by negligence.
In the Criminal Code, this act is provided forArticle 109, Part 1, and is related, inter alia, to a real deprivation of liberty for a period of up to 2 years. When referring to the classification by which the differentiation of crimes takes place, it can be noted that this case refers to acts of small gravity.
In addition, if we turn to the generalclassification that divides the actions of citizens on violations, misdemeanors and crimes, the acts provided for in the Criminal Code can not be called misconduct or violation, even if a violation of any human rights occurred. For example, in the Criminal Code of the Russian Federation there is article 136 - discrimination. Accordingly, the Code in question provides for the punishment for this act committed with the help of its special position.
Severe and especially grave crimes have significancein determining the relapse, which, in turn, is an aggravating circumstance in the consideration of a criminal case for the commission of a serious crime. For example, the fact that the accused in the criminal case has twice before (or more times) committed a crime of medium gravity is the reason to recognize this citizen as a particularly dangerous recidivist.
It should also be noted that whenthe same crime, but for the first time, a person can be sentenced to a real term, but in correctional institutions of general or strict regime. In the same situation, such a relapse involves serving a sentence in an institution with a special treatment regime.
Depending on the gravity of the act
When determining the possibility of releaseconvicted earlier than the term, the division into grave and especially grave crimes is also of great importance. If a serious crime is committed, it is possible to be released from the colony by the UDO only if the prisoner has served at least 2/3 of the period determined by the punishment. The commission of an act that is particularly grave involves the departure of ¾ punishment, and only after that there is an opportunity to be released from the colony by the UDO.
The decision on these circumstances is taken by the court. If the judge decides that the convict has served the period of punishment that was necessary to correct it, and, accordingly, may not serve the rest of the term, he issues a resolution on early release. At the same time, the necessary part of the punishment depends on the danger for the society of the act committed by the convicted person.
Repayment of criminal record depending on the gravity of the act
Particular influence and interdependence are observedalso when the conviction is repaid, when serious and particularly serious crimes have been committed. As a rule, the term of being in the IU for these acts is more than five years (in the aggregate dependence on the relapse of aggravating circumstances). The terms for the full repayment of criminal records are established in Article 86 of the Criminal Code of the Russian Federation, and in respect of this group of acts are equal to 8 and 10 years respectively. In part 5 of the same article, there is a provision where the exempted has the right, with impeccable behavior, to early removal of the criminal record through the court.
In practice, in particularly dangerous recidivists committing serious and especially serious crimes, conviction is never repaid.
This is due to the fact that while such a personis outside the colony's walls, even if the appointed time in the correctional facility has expired, he is forced to commit more and more illegal acts. These actions are necessary for a recidivist in terms of the possibility of living on funds obtained by criminal means, or to maintain a reputation in a criminal environment.
In the qualification of crimes,the complexity of the appointment of penalties. In the criminal process, serious and particularly serious crimes, articles on which provide for a longer term term than all other categories, are considered in terms of the totality of circumstances that existed at the time of the commission of the unlawful act.
Judicial practice has accumulated a lot of experience inthe investigation of multiple crimes, but still often the judges make mistakes. As a rule, if a person has committed several interrelated acts, which can be classified as serious, punishment should most often be imposed on a more serious article.