PresentationPresentation:: "The concept, "The concept, characteristics and types of characteristics and types of

crimes"crimes"

work carried outwork carried out3 rd year student,3 rd year student,spec. 6508 \ 1, MRC-302spec. 6508 \ 1, MRC-302Skybenko VSkybenko V..II.. and Bogdanov A.V. and Bogdanov A.V.

For centuries, mankind has tried to give a For centuries, mankind has tried to give a definition of the crime. First on the scientific definition of the crime. First on the scientific level did Roman lawyer Ulpian that crime level did Roman lawyer Ulpian that crime linked to the "action, which is connected with linked to the "action, which is connected with violence or deception." A classic is the violence or deception." A classic is the definition of the crime that was given in 1791 definition of the crime that was given in 1791 to the French Criminal Code, then - in the to the French Criminal Code, then - in the Criminal Code Napoleon (1810). This definition Criminal Code Napoleon (1810). This definition of various modifications essentially prevails of various modifications essentially prevails now. Art. 1 spacecraft France said: "The crime now. Art. 1 spacecraft France said: "The crime - the act that entails painful or shameful - the act that entails painful or shameful punishment."punishment."

  Crime - is under CC Ukraine guilty socially Crime - is under CC Ukraine guilty socially

dangerous act (action or inaction) done dangerous act (action or inaction) done criminal. Crime is always a human act that criminal. Crime is always a human act that infringes on the most important social infringes on the most important social relations that have been established and relations that have been established and are recognized and accepted in society, so are recognized and accepted in society, so that they are protected by the criminal that they are protected by the criminal law.law.

Crime is always contrary to Crime is always contrary to the public interest, restrict the public interest, restrict individual rights or denies individual rights or denies these rights in favor of these rights in favor of some other contrary legal some other contrary legal regulations. However, as regulations. However, as public relations and a just public relations and a just society is constantly society is constantly changing and developing, changing and developing, changing and developing changing and developing concepts and crime.concepts and crime.

Signs of crime:Signs of crime:1) the act is done criminal;1) the act is done criminal;2) the act socially dangerous - it causes damage or 2) the act socially dangerous - it causes damage or

threatens to cause such damage to objects protected threatens to cause such damage to objects protected by legislation;by legislation;

3) is a wrongful act that provided by the current criminal 3) is a wrongful act that provided by the current criminal law - violation by a person of a particular criminal law;law - violation by a person of a particular criminal law;

4) is guilty of an act that is inflicted intentionally or 4) is guilty of an act that is inflicted intentionally or negligently;negligently;

5) is punishable acts for which the current Criminal Code 5) is punishable acts for which the current Criminal Code of Ukraine stipulates certain type, time or size penalty.of Ukraine stipulates certain type, time or size penalty.

Is not a crime act or omission Is not a crime act or omission which, although formally which, although formally containing attributes of any containing attributes of any offense under the Criminal offense under the Criminal Code of Ukraine, but because Code of Ukraine, but because minor is not public danger, minor is not public danger, and is not caused and could and is not caused and could cause significant damage to cause significant damage to natural or legal persons, natural or legal persons, society or state (including . society or state (including . 2, Art. 11 of the Criminal 2, Art. 11 of the Criminal Code of Ukraine).Code of Ukraine).

According to the criteria of a crime can be According to the criteria of a crime can be

subdivided cut types. Thus, depending on the subdivided cut types. Thus, depending on the form of guilt crimes can be divided into form of guilt crimes can be divided into intentional and reckless, and those that can be intentional and reckless, and those that can be committed both intentionally and negligently; committed both intentionally and negligently; depending on the completion of the criminal depending on the completion of the criminal activity - in finished and unfinished (preparation activity - in finished and unfinished (preparation of a crime, attempted crime); for generic object - of a crime, attempted crime); for generic object - for crimes against national security, health for crimes against national security, health against the person, crimes against freedom, against the person, crimes against freedom, honor and dignity, etc .; based on the commission honor and dignity, etc .; based on the commission - the selfish exerted with the motive of revenge - the selfish exerted with the motive of revenge exerted on hooligan motives and others. A exerted on hooligan motives and others. A positive heritage of national legislators should positive heritage of national legislators should consider consolidating the classification of crimes consider consolidating the classification of crimes according to their severity directly in criminal law, according to their severity directly in criminal law, namely the mouth. 12 Criminal Code of Ukraine.namely the mouth. 12 Criminal Code of Ukraine.

Types of crime severity: a) minor offense - the Types of crime severity: a) minor offense - the offense for which punishment of imprisonment for offense for which punishment of imprisonment for a term not exceeding two years, or else a softer a term not exceeding two years, or else a softer punishment; b) Misdemeanor offense for which punishment; b) Misdemeanor offense for which punishment of imprisonment for a term not punishment of imprisonment for a term not exceeding five years; c) serious crime - a crime exceeding five years; c) serious crime - a crime for which punishment of imprisonment for a term for which punishment of imprisonment for a term not exceeding ten years; d) a particularly serious not exceeding ten years; d) a particularly serious crime - a crime for which punishment of crime - a crime for which punishment of imprisonment for a term exceeding ten years or imprisonment for a term exceeding ten years or life imprisonment (part. 5, Art. 12 of the Criminal life imprisonment (part. 5, Art. 12 of the Criminal Code of Ukraine).Code of Ukraine).

Minor offense, for example, abuse of Minor offense, for example, abuse of guardian rights (Art. 167 of the Criminal guardian rights (Art. 167 of the Criminal Code of Ukraine), illegal disclosure of Code of Ukraine), illegal disclosure of medical confidentiality (Art. 145 of the medical confidentiality (Art. 145 of the Criminal Code of Ukraine) and others. Criminal Code of Ukraine) and others. Misdemeanor, for example, fictitious Misdemeanor, for example, fictitious business (Art. 205 of the Criminal Code of business (Art. 205 of the Criminal Code of Ukraine) , the substitution of the child (art. Ukraine) , the substitution of the child (art. 148 of the Criminal Code of Ukraine) and 148 of the Criminal Code of Ukraine) and others.others.

Is a serious crime, such as grievous bodily Is a serious crime, such as grievous bodily harm (art. 121 of the Criminal Code of harm (art. 121 of the Criminal Code of Ukraine), unlawful imprisonment or Ukraine), unlawful imprisonment or kidnapping, committed by an organized kidnapping, committed by an organized group or which caused grave consequences group or which caused grave consequences (p. Art. 146 of the Criminal Code of Ukraine) (p. Art. 146 of the Criminal Code of Ukraine) torture committed repeatedly or by prior torture committed repeatedly or by prior agreement by a group of persons (part. 2, agreement by a group of persons (part. 2, Art. 127 of the Criminal Code of Ukraine) Art. 127 of the Criminal Code of Ukraine) and others.and others.

Particularly serious crime, for example, Particularly serious crime, for example, diversion (Art. 113 of the Criminal Code of diversion (Art. 113 of the Criminal Code of Ukraine), espionage (Art. 114 of the Ukraine), espionage (Art. 114 of the Criminal Code of Ukraine), murder (art. Criminal Code of Ukraine), murder (art. 115 of the Criminal Code of Ukraine) and 115 of the Criminal Code of Ukraine) and others. others.

Stages of the crime - a certain stages of Stages of the crime - a certain stages of preparation and premeditated crime.preparation and premeditated crime.

                                            Stages of the crime:Stages of the crime:        1) preparation of a crime; 2) attempted crime; 3) 1) preparation of a crime; 2) attempted crime; 3)

completed crime.completed crime.        Preparation is the first stage of the crime. When Preparation is the first stage of the crime. When

cooking wine does not yet act which is a cooking wine does not yet act which is a necessary feature of the objective side of the necessary feature of the objective side of the offense. Legislator in Art. 14 Criminal Code of offense. Legislator in Art. 14 Criminal Code of Ukraine establishes the exhaustive list of acts Ukraine establishes the exhaustive list of acts which have to cook crime. Preparation of the which have to cook crime. Preparation of the crime: a) quest means or instruments for crime: a) quest means or instruments for committing a crime; b) adaptation of means or committing a crime; b) adaptation of means or instruments for committing a crime; c) quest instruments for committing a crime; c) quest accomplices; d) conspiracy to commit a crime; e) accomplices; d) conspiracy to commit a crime; e) removing obstacles; g) other intentional creation removing obstacles; g) other intentional creation of conditions to commit a crime.?of conditions to commit a crime.?

      The current Criminal Code of Ukraine exempt The current Criminal Code of Ukraine exempt from criminal responsibility for preparation of a from criminal responsibility for preparation of a minor offense (part. 2 Article 14 of the Criminal minor offense (part. 2 Article 14 of the Criminal Code of UkraineCode of Ukraine

Za.ya.ho.ch to commit a crime is a person with Za.ya.ho.ch to commit a crime is a person with direct intent actions (or inaction) directly aimed direct intent actions (or inaction) directly aimed at committing a crime under the relevant article at committing a crime under the relevant article of the Criminal Code of Ukraine, if this crime was of the Criminal Code of Ukraine, if this crime was not brought to an end for reasons not dependent not brought to an end for reasons not dependent on his will (part. 1, Art. 15 of the Criminal Code of on his will (part. 1, Art. 15 of the Criminal Code of Ukraine).Ukraine).

                                                      Types attempt to commit a crime:Types attempt to commit a crime:                1) attempt ended: 2) unfinished attempt.1) attempt ended: 2) unfinished attempt.Attempted crime is complete if the person has Attempted crime is complete if the person has

completed all actions deemed necessary to bring completed all actions deemed necessary to bring the crime to the end, but the crime was not the crime to the end, but the crime was not completed for reasons that are not dependent on completed for reasons that are not dependent on his will. For example, a wine acquired firearms to his will. For example, a wine acquired firearms to kill a person, hid in ambush, fired, but missed or kill a person, hid in ambush, fired, but missed or only wounded the victim. Attempt to commit a only wounded the victim. Attempt to commit a crime is pending if a person for reasons that do crime is pending if a person for reasons that do not depend on it will have done all actions not depend on it will have done all actions deemed necessary to prove the crime to an end. deemed necessary to prove the crime to an end. For example, a thief entered the house, but did For example, a thief entered the house, but did not steal anything, because he was detained.not steal anything, because he was detained.

According to part. 1, Art. 13 According to part. 1, Art. 13 Criminal Code of Ukraine Criminal Code of Ukraine recognized the completed recognized the completed crime act, which contains crime act, which contains all the elements of a crime all the elements of a crime under the relevant article under the relevant article of the Criminal Code of of the Criminal Code of Ukraine. It is extremely Ukraine. It is extremely important with the end of important with the end of the definition of the crime.the definition of the crime.

In connection with this In connection with this release:release:

      1) crimes of material 1) crimes of material composition;composition;

      2) crimes of formal 2) crimes of formal composition;composition;

      3) crimes truncated (cut 3) crimes truncated (cut down) composition.down) composition.

In the case of the crime of material In the case of the crime of material composition complete offense will be composition complete offense will be considered from the date when it was considered from the date when it was specified in the relevant article of the specified in the relevant article of the Criminal Code of Ukraine socially Criminal Code of Ukraine socially dangerous consequence. For example, dangerous consequence. For example, a person with death murder (art. 115 a person with death murder (art. 115 of the Criminal Code of Ukraine).of the Criminal Code of Ukraine).

Crimes of formal composition is finished after Crimes of formal composition is finished after making the corresponding actions (or inaction). making the corresponding actions (or inaction). For example, disclosure of state secrets (part. 1, For example, disclosure of state secrets (part. 1, Art. 328 of the Criminal Code of Ukraine) is Art. 328 of the Criminal Code of Ukraine) is complete since the disclosure of information complete since the disclosure of information constituting a state secret, espionage (Art. 114 of constituting a state secret, espionage (Art. 114 of the Criminal Code of Ukraine) - from the transfer the Criminal Code of Ukraine) - from the transfer or collection to transfer to a foreign state, foreign or collection to transfer to a foreign state, foreign organizations or representatives of information organizations or representatives of information constituting a state secret. The responsibility for constituting a state secret. The responsibility for these crimes occurs regardless of whether they these crimes occurs regardless of whether they result in real damage was caused to the state or result in real damage was caused to the state or not.not.

Crimes of the truncated structure - a kind of Crimes of the truncated structure - a kind of crime in the formal structure, so they are crime in the formal structure, so they are also considered finished since the also considered finished since the commission of the relevant offense. Feature commission of the relevant offense. Feature them is that the legislator tolerate crime at them is that the legislator tolerate crime at the end stage of preparation of a crime or an the end stage of preparation of a crime or an attempt to stage the crime. For example, attempt to stage the crime. For example, banditry (st.257 Criminal Code of Ukraine) banditry (st.257 Criminal Code of Ukraine) considered complete since the organization considered complete since the organization of the armed gangs to attack the enterprises, of the armed gangs to attack the enterprises, institutions, organizations or individuals.institutions, organizations or individuals.

In criminal law institute provides voluntary renunciation In criminal law institute provides voluntary renunciation of proving the crime to an end. Voluntary refusal in of proving the crime to an end. Voluntary refusal in unfinished crime is permanent end they would face unfinished crime is permanent end they would face preparation of a crime or attempted crime, provided preparation of a crime or attempted crime, provided that it is aware of the opportunity to bring the crime to that it is aware of the opportunity to bring the crime to the end (part. 1, Art. 17 of the Criminal Code of the end (part. 1, Art. 17 of the Criminal Code of Ukraine). Voluntary abandonment of proving the crime Ukraine). Voluntary abandonment of proving the crime to the end can occur for various reasons, for example. to the end can occur for various reasons, for example. Repentance, fear of threats of criminal responsibility, Repentance, fear of threats of criminal responsibility, awareness of the wrongfulness of the act, etc. A awareness of the wrongfulness of the act, etc. A person who has voluntarily refused to bring the crime person who has voluntarily refused to bring the crime to the end shall be criminally liable only if it acts to the end shall be criminally liable only if it acts actually committed the composition contains other actually committed the composition contains other crime.crime.

        Signs of voluntary renunciation of the proof of the Signs of voluntary renunciation of the proof of the crime by the end of is:crime by the end of is:

1) permanent end face preparation of a crime or 1) permanent end face preparation of a crime or attempted crime;attempted crime;

  2) the refusal of the crime must come from the will of 2) the refusal of the crime must come from the will of the person;the person;

  3) the presence of perceived opportunities to continue 3) the presence of perceived opportunities to continue and bring crime to an end.and bring crime to an end.

However, if the person refused to bring the crime to However, if the person refused to bring the crime to the end because of actual impossibility of its the end because of actual impossibility of its successful conclusion, it can not be regarded as successful conclusion, it can not be regarded as having voluntarily renounced the crime would having voluntarily renounced the crime would bring to an end, because it takes place not bring to an end, because it takes place not voluntary but forced abandonment, that voluntary but forced abandonment, that attempted crime. Hook, for example, a person attempted crime. Hook, for example, a person has decided to kill another person found a firearm has decided to kill another person found a firearm and ammunition, tried to offer the shot, but when and ammunition, tried to offer the shot, but when a shot gun gave misfire due to a malfunction. a shot gun gave misfire due to a malfunction. Voluntary refusal may be in the stages of Voluntary refusal may be in the stages of preparation for a crime and attempted crime.preparation for a crime and attempted crime.

Thank you!Thank you!