Law
Fundamentals of Criminal Law
Criminal law determines which acts are crimes and what punishment is established for them.
Elements of a Crime
- The Criminal Code was adopted on September 22, 1994, and entered into force on April 1, 1995.
- The elements of a crime: 4 components.
| Element | Content |
|---|---|
| Object | the social relation the crime is directed against |
| Objective side | the act and its consequence |
| Subject | a sane person who has reached the age of liability |
| Subjective side | guilt |
Age of Criminal Liability (Criminal Code, Article 17)
- General rule: a sane person who has reached 16 years of age by the time the crime is committed is liable.
- For the crimes listed in Article 17, liability begins at 14: for example, intentional murder (Article 97), robbery with violence (164), robbery (166), theft (169), hooliganism (parts 2 and 3 of Article 277).
- For some crimes, however, liability begins only at 18.
Guilt and Stages
- Forms of guilt: intent and negligence (Article 20). The subjective side refers precisely to guilt.
- Intent may be direct or indirect (Article 21). Negligence takes the form of criminal self-confidence or criminal carelessness (Article 22).
Stages of a crime (Article 25):
- Preparation
- Attempt
- Completed crime
- An appeal is not a stage of a crime. It is a form of complaint in court proceedings.
- Participants (Article 28): the perpetrator, the organizer, the instigator (the person who incites to the crime) and the accomplice.
- Forms of complicity (Article 29): simple complicity, complex complicity, an organized group, a criminal organization.
Circumstances Excluding the Criminality of an Act
Articles 36 through 41 of the Code list such circumstances. Two of them:
- Necessary defense (Article 37): defending oneself against an attack.
- Extreme necessity (Article 38): causing harm in order to eliminate a greater danger.