Categories of crimes by severity in the Criminal Code of the Russian Federation
Crime as a social factor existedat all stages of human development. That is why modern criminal law is designed to protect every citizen from attacks, thefts, fraud and so on. Quickly reviewing the Criminal Code of the Russian Federation, we can decide that the criminal law system of our state is more than simple, but this question should be considered ... One of the most topical scientific and practical topics are the categories of crimes in terms of severity, through which the basics of "criminal" law and there are numerous scientific discussions. If this interests you, then you should just give a couple of minutes and read the contents of this article.
On the main: crime and crime
Even children from childhood know that crimepunishable by law in the face of a strict man dressed in black, which is called a judge. However, not everyone can explain what a "criminal act" is. Many people think for a minute or two, comparing this concept with such inexplicable terms as "happiness", "love" and "beauty." In fact, the difficulties are imaginary, and all obstacles in the study of the definitions of "crime" and "crime" are easily overcome.
So, a crime is an act thatcommitted guilty, is unlawful and is prohibited by law. Of course, you can go to the scientific community and find a broader concept, but the task is to determine for yourself the essence of this phenomenon, which is presented in only 5 words. It is important to remember, despite the various degrees of seriousness of the crime, family and other mitigating circumstances, a criminal offense always remains a criminal offense. Otherwise, it is not a criminal offense, but an administrative or other offense.
Insignificance and what it eats
The categories of crimes are distinguished by degreegravity, each of the acts relates to one of them without fail. However, exceptions are always allocated from the general rule. In this situation, minor offenses are those.
The above-mentioned group includes those actionspersons who formally, though they contain signs of a crime, but in essence do not belong to such crimes due to various circumstances. Accordingly, in this case, the classification of crimes in terms of severity, due to insignificance, makes no sense.
A striking example is the theft of bread in breadstore grandmother, whose pension is divergent for payment of an apartment and utilities. It is unlikely that someone will start a criminal case on the fact of secret theft. No, because the absence of public danger is obvious.
On the categorization of crimes
Plunging into the information of this article, it is importantremember that the categories of crimes by severity are not the only classification in the criminal law of Russia. At the same time, the grouping of criminal acts on the basis of guilt and the level of public danger carries an important not only theoretical but also practical significance.
There are 4 categories of crimes in terms of severity. Criminal Code in the art. 15 defines them in the following order:
- especially grave.
It should be noted that each of the crimes,which is noted in the Criminal Code of Russia, refers to one or another category, except for those cases that are stipulated above (but they are not indicated in the Criminal Code in the direct form). If you have ever had the ability to attribute an actual act to one of the categories, it is important to make sure that what was done is a crime, not an administrative offense, as many confuse.
Signs of the main criminal classification
The main and most visible sign, thanks towhich is possible to divide the categories of crimes by severity, is the penalty that is provided for by the sanction of each article of the Special Part of the Criminal Code of the Russian Federation. The maximum indicator of the most severe punishment defined by the legislator is taken as a basis.
In light of this, it is important to pay attention to additional signs:
1. The form of guilt.
The severity of the crime of the Criminal Code is defined independing on intent. This indicator is important, for example, to determine the criminal liability for crimes of medium gravity in the case of his willful or reckless committing.
2. The public danger.
This criterion is laid down and taken into account whenevaluation of the act as a whole: whether it is criminal or not so dangerous for society. This feature also includes the circumstances through which the judge has the right to mitigate the category of crime, that is, to change by one step. Accordingly, when the official makes such a decision, the maximum amount of punishment will also be reduced.
It is important to clearly delineate the types of crimesseverity, but do not confuse adjacent compounds, which, based on actual circumstances, can be similar to each other as two drops of water. This is the professionalism of real judges who are empowered to determine the fate of a person.
Almost "harmless" crimes: a category of a small degree of gravity
The least punishable is a small degreethe gravity of the crime. CC RF in part 2 of Art. 15 determines that this group includes both intentional acts and committed by negligence. The maximum measure of liability is 3 years imprisonment. At the same time, those crimes for which the judge has appointed less than 3 years of punishment sent to the correctional institution (correctional institution) may be included in the category under consideration.
The peculiarity of the group of a small degree of severitylies in the fact that the acts do not carry a great social danger, but rather negatively affect the favorable life of the society. One of the most common representatives of this category is theft, which is not aggravated by other circumstances, such as theft in especially large amounts.
Average severity: serious consequences
Crimes of moderate severity mayboasting more complex characteristics. So, this group includes intentional acts, the term for which is appointed up to 5 years of imprisonment and up to 3 years for careless crimes.
All the compositions that relate to thegroup, are full of wide variety. So, this includes theft, and harm to health, and even the loss of life, for example, the murder of the mother of a newborn child.
A positive aspect is the fact thatfor the first time convicted persons, as a rule, serve their sentence in colonies-settlements, but on condition that there is no relapse. However, if the court deems it necessary, then it can also prescribe the serving of punishment in the colony of the general regime.
Heavy and especially serious: what you should be afraid of everyone!
Serious social danger is borne bycrimes of the last two categories. As a rule, this includes compositions related to encroachment on life, health, public safety, peace, government bodies and so on. The peculiarity of these categories is that this includes exclusively intentional criminal acts.
With regard to the maximum terms of criminalresponsibility, then for serious - no more than 10 years of imprisonment, and especially serious are considered as such at appointment of punishment more than 10 years, including lifelong imprisonment.
The importance of crime categorization
Some after reading can think about the importance of categorizing crimes on the basis of social danger and form of guilt. Well, it is worth highlighting this moment.
First, such a division of deeds,provided by the Criminal Code of the Russian Federation, perfectly systematizes the aggregate of crimes. Secondly, it allows to take into account the terms and sizes of punishment that are possible for appointment in committing crimes of the same category. Thirdly, officials allow the use of the powers given to mitigate or aggravate the category and amount of punishment.