A socially dangerous act is what? Circumstances precluding the crime of the act
A socially dangerous act is aThe criminal acts provided for by criminal law, which harm the object of legal protection. In addition, this is a mandatory feature of any offense.
So, the act is first of all action or inaction.
Under the influence of criminally-legal science understands socially unsafe, illegal, conscious, strong-willed, complex in its structure active behavior of the subject of the crime.
Activity behavior - is the implementation of some physical movements. More specifically, the impact on the object of encroachment on both the musculature, and the word, the signs.
The last two species - concluding and verbal -are also called intellectual types of active behavior. The most widespread was the conclusive form as a gesture in committing crimes in complicity.
As for inaction, this is a social act, illegal, conscious, strong-willed, passive behavior of the subject of the offense, which is complex in its structure.
What reflects the passivity of behavior? First of all, this is the non-exercise of some meaningful actions that are important for the criminal-legal sphere. This is a socially dangerous act that has a social significance, determined by the duty to act.
It turns out that in this case a criminal offense is considered if the subject had the duty to act, there was a real opportunity for implementation, but he was inactive.
Such a duty is determined not only by the provisions of the Criminal Code of the Russian Federation, but also by other normative acts. It can flow according to the Criminal Code of the Russian Federation from:
- instructions of the law;
- fulfillment by the guilty person of official or professional duties;
- assumed other functions;
- unsafe behavior.
A person can not be held accountable,if the criminal act in the form of inaction was committed by a person who is not obliged to act in the relevant situation. In addition, the severity of the consequences caused by inaction is not at all important here.
A criminal act is an act or omission that has certain characteristics, including public danger, wrongfulness, awareness, willful character.
A public danger means that a crime always causes damage or may pose a threat of harm.
With regard to wrongfulness, ittestifies that the act committed for criminal purposes violates the prohibition established by the criminal law norm. In such a situation, only the legislator gets the right to allocate significant signs of a specific act and to classify him as criminal.
Awareness is reflected in the fact that crimethe act takes place only if it is done consciously. It turns out that a person must understand the nature of the committed offense and its danger to the public. In addition, a person's awareness must concern also a certain object, and harm, which is directed directly at him. Analyzing this feature, it turns out that a person can not be held accountable if, for example, it accidentally dropped a kerosene lamp and eventually a fire broke out.
A strong-willed character means that a criminal act is an offense committed by a person fully capable of directing his actions at the time of his commission.
Complexity and specificity of the offense
The complexity of the act is determined by the fact that anythe offense includes several stages. It is possible to give an illustrative example. The person who decided to commit murder with a cold weapon, first selects the right place. Further, the offender approaches his victim at a suitable distance. After that, he directs the point of the knife to the desired place - a vital organ. Most often this is the heart, stomach, head, etc. The last thing he does is strike.
The specificity lies in the fact that it is not enough for the legislator to attract a person to a certain article of the Criminal Code. He needs to describe the specific acts of human behavior, and what they expressed.
Circumstances that exclude crime
These are acts that are aimed atelimination of a possible threat that is created for the object of legal protection. Such an act is the same infliction of harm, which is recognized as socially useful, and also socially expedient. On the one hand, they fall under separate rules of the Criminal Code. However, on the other hand, they do not have a material sign of an offense, that is, a public danger. Hence, such actions do not bear responsibility for the Criminal Code of the Russian Federation. Circumstances that exclude criminality differ from insignificant ones and in that they are useful or neutral for the public.
Types of circumstances excluding criminality
The Criminal Code distinguishes 6 types of such circumstances:
- The necessary defense is the infliction of harm while protecting the rights and legitimate interests of individuals, society, and the state.
- Damage during the detention of a person whocommits a crime - everyone has the right to detain a person who commits an offense. The damage can be physical or property damage.
- The extreme need is to damage the protected interests to overcome the danger that threatens the person and other personalities, society, the state.
- Coercion of a mental or physical nature - is not considered a crime if the coerced person was unable to manage his own actions.
- Reasonable risk. The risk is justified in the presence of a useful goal for the public, taking the necessary measures to prevent damage, the impossibility of achieving a useful goal, the absence of a deliberate threat to other people, the environment, and so on.
- Execution of the order or order - in this case, the responsibility will be borne by the person who issued such an order or order.