The crimes: concept, elements and types
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Transcript of The crimes: concept, elements and types
TargetTo define the nature of criminal offenses andcharacterize elements of criminal offensesand to classify the types of criminal offenses.
Although to retrace and to analyze crimescommitment dynamics in 2014-2015 years
Criminal
offense
Meaning that provided by Article 11. “Notion of acriminal offense” of Criminal Code of Ukraine:
“ A criminal offense shall mean a socially dangerousculpable act (action or omission) prescribed by thisCode and committed by an offender ”.
A criminal offense always is an act of the offenderwhich impinges at most important social relationships,that were established and that were defined andapplied by social community, afterwards theserelationships are defended by criminal laws.
It is an dangerous social act that has anconstituent elements of offense defined inCriminal Code of Ukraine principal hascommitted.
Social danger
Illegality
Guiltiness
Punishability
Means that action or omission does harm or
creates offense to do harm to objects that are
protected by criminal laws
Means that a criminal offense is only that act,
what directly provided by criminal laws
Means that an act shall be interpreted as a
crime only if the actions of a person contain guilt
as criminal design or carelessness
Means that an act shall be classified as a crime
only if this act has some kind and scale of
punishment provided by criminal law
Depending on
gravity of
offence
Depending on
grade of finalization
of criminal act
Depending on
motive of
offense
Depending on
subsumer
Depending on
form of guilt
shall mean an offense punishable by imprisonment for a term upto two years or a more lenient penalty by way of money fine inthe amount of three or more thousands of tax-free minimumincomes.
shall mean an offense punishable by imprisonment for a term upto five years.The main penalty for such offense is money fine in the amount of
up to ten thousand tax-free minimum incomes.
shall mean an offense punishable by imprisonment for a term upto ten years.The main penalty for such offense is money fine in the amount ofup to twenty five thousand tax-free minimum incomes.
shall mean an offense punishable by more than ten years ofimprisonment or a life sentenceThe main penalty for such offense is money fine in the amount oftwenty five or more thousand tax-free minimum incomes.
A minor
criminal
offense
A medium
grave offense
A grave
criminal
offense
A special
grave offense
Intent criminal
offence
Reckless
criminal offense
Shall mean the socially injurious
act (action or omission) under
criminal law committed by
person that was conscious of the
socially injurious nature of his/her
act, anticipated its socially
injurious consequences, and
wished or did not wish them.
Shall mean the act (action oromission) that may have sociallyinjurious consequences undercriminal law committed by theperson that anticipated thathis/her act may have sociallyinjurious consequences, butcarelessly expected to avoid themor did not anticipate that his/heract may have socially injuriousconsequences, although ought toand could anticipate them.
CRIMES AGAINST NATIONAL SECURITY OF UKRAINE;
CRIMINAL OFFENSES AGAINST LIFE AND HEALTH OF A
PERSON;
CRIMINAL OFFENSES AGAINST LIBERTY, HONOR AND
DIGNITY OF A PERSON.
offense based on mercenary motives
offense based on private vengeance
offense based on hooligan motives
A consummated
criminal offense
An
unconsummated
criminal offense
shall mean an offense which comprises all
elements of a criminal offense as prescribed
by the relevant article of the Special Part of
Criminal Code of the Republic of Ukraine
shall mean the preparation for crime and
criminal attempt
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The preparation for the crime shall mean the looking out oradapting means and tools, or looking for accomplices to, or
conspiring to, an offense, removing of obstacles to an offense, or
otherwise intended conditions of an offense
A criminal attempt shall mean a director intended act (action oromission) made by a person and aimed directly at the
commission of a criminal offense prescribed by the relevant
article of the Special Part of Criminal Code, where this criminal
offense has not been consummated for reasons beyond that
person's control
A consummated criminal offense shall mean an offense whichcomprises all elements of a criminal offense as prescribed by the
relevant article of the Special Part of Criminal Code of Ukraine
Comparing January-February period of past years with the
same period of this year got raised count of special grave offenses
in two thousand and five offenses. Although getting raised count of
medium grave offenses and grave criminal offenses.
Amount of usage of runs and other firing weapons during
committing offenses got raised in two times.
Count of sexual offenses got reduced. Count of assaults
with an intend to rob got raised almost in two thousand.
Plunder cases and auto theft cases got raised, especially
the count of auto thefts got raised almost in two times.
Conclusion
Thus, we have defined the concept of
"crime", also named elements of crime and its
types. Was shown crimes statistics for 2014-2015
years and was made a comparative analysis of
changes in its dynamics.
Total crime statistics show that crime is
increasing. Therefore, we must take immediate
action to prevent this growth process.