What is a moderate crime. Categories of crimes

All crimes for which criminal law provides common features These are socially dangerous and criminally illegal acts. However, depending on the nature and degree of public danger, crimes are divided into several categories.

The assignment of a crime to one category or another entails various legal consequences.

In Art. 15 of the Criminal Code of the Russian Federation establishes the criteria by which the categories of crimes are determined. The legislator refers to them the nature and degree of public danger of acts (part 1 of article 15 of the Criminal Code of the Russian Federation), as well as the form of guilt (intentional or negligent) and the sanction provided for crimes in articles of the Criminal Code of the Russian Federation (parts 2, 3, 4 , 5 article 15 of the Criminal Code of the Russian Federation).

According to Part 1 of Art. 15 of the Criminal Code of the Russian Federation, all crimes are divided into four categories:

small gravity;

moderate;

especially heavy.

Crimes of minor gravity (part 2, article 15 of the Criminal Code of the Russian Federation) include intentional and reckless acts, for the commission of which the maximum punishment provided for by the Criminal Code of the Russian Federation does not exceed two years in prison (for example, articles 114, 119, part 4 of article 222 of the Criminal Code of the Russian Federation, etc.).

Medium-gravity crimes (part 3, article 15 of the Criminal Code of the Russian Federation) include intentional acts for which the maximum punishment provided for by the Criminal Code of the Russian Federation does not exceed five years in prison, as well as reckless acts for which the maximum punishment provided for by the Criminal Code of the Russian Federation exceeds two years of imprisonment (for example, Art. 110, part 2 of Art. 264 of the Criminal Code of the Russian Federation, etc.).

Serious crimes (part 4, article 15 of the Criminal Code of the Russian Federation) include intentional acts for which the maximum punishment provided for by the Criminal Code of the Russian Federation does not exceed ten years in prison (for example, part 1 of article 205, part 1 of article 212 of the Criminal Code RF, etc.).

Particularly serious (part 5, article 15 of the Criminal Code of the Russian Federation) include intentional acts, for which the Criminal Code of the Russian Federation provides for punishment in the form of imprisonment for a term of more than ten years or a more severe punishment (for example, Art.

105, art. 209, Art. 277 of the Criminal Code of the Russian Federation).

It should be noted that the categorization of crimes is important in determining the grounds for responsibility and punishment. For example, recidivism of crimes can be recognized as dangerous when a person commits a serious crime, for which he is sentenced to real imprisonment, if earlier this person was convicted two or more times for an intentional crime of medium gravity to imprisonment, as well as when a person commits a serious crime, if earlier it was convicted for a grave or especially grave crime to real imprisonment (part 2 of article 18 of the Criminal Code of the Russian Federation).

Criminal liability for preparation for a crime is also differentiated depending on its severity (Part 2, Article 30 of the Criminal Code of the Russian Federation).

When committing a serious crime, conditional early release from serving a sentence can be applied only after the actual serving of at least half of the sentence (clause "b" part 3 of article 79 of the Criminal Code of the Russian Federation), and when committing a particularly serious crime - at least two thirds term of punishment (paragraph “c” of article 79 of the Criminal Code of the Russian Federation). Categorization is also taken into account when appointing convicts to deprivation of liberty penal colony(Article 58 of the Criminal Code of the Russian Federation), in the case of a criminal community (Article 35 of the Criminal Code of the Russian Federation), determination of mitigating circumstances (Article 61 of the Criminal Code of the Russian Federation), sentencing in case of cumulative crimes (Article 69 of the Criminal Code of the Russian Federation) and cumulative sentences (Art. 70 of the Criminal Code of the Russian Federation), exemption from criminal liability (Articles 75, 76.78 of the Criminal Code of the Russian Federation), replacement of the unserved part of the punishment with a milder one (Article 80 of the Criminal Code of the Russian Federation), exemption from punishment due to a change in the situation (Article 801 of the Criminal Code of the Russian Federation) , deferral of serving sentences for pregnant women and women with young children (Article 82 of the Criminal Code of the Russian Federation), release from serving a sentence due to the expiration of the statute of limitations for a guilty verdict (Article 83 of the Criminal Code of the Russian Federation), cancellation or removal of a criminal record (Article 86 of the Criminal Code of the Russian Federation), establishing the specifics of criminal liability and punishment of minors (section V of the Criminal Code of the Russian Federation).

More on the topic 3.3. Categories of crimes:

1. Pechnikov N.P. Categories of crimes and their criminal law significance: a course of lectures / N.P. Pechnikov. - Tambov: Tambov Publishing House. state tech. un-ta, - 64 p., 2007
2. Chapter 25
3. The concept of crime and types of crimes. Corpus delicti. Criminal liability and its grounds
4. 3.4. Plurality of crimes and its forms 3.4.1. The concept of a single crime and a plurality of crimes
5. § 1. General characteristics and system of crimes against public service, their relationship with other crimes

This article will reveal the topic of illegal acts, as well as characterize all existing categories of criminal offenses. The legislator fixed the types criminal acts in the Criminal Code and for convenience divided them into chapters. Categories of crimes can also be characterized in accordance with related characteristic features present in the action.

The concept of crime

The basis for liability is an act that includes all the signs of wrongfulness. The crime is characterized for others, its commission provides for liability established by the Criminal Code.
Signs of such behavior include:

• public danger;
• guilt;
• wrongfulness;
• punishability.

Types of crimes

The legislator establishes certain criteria, thanks to which it is possible to characterize any crime. Categories of crimes include acts against:

• public order and security;
• personality;
• property;
• related to economic activity;
• health and public morality;
• interests of service in commercial organizations;
• operation of transport and traffic;
• environmental crimes;
• state security and constitutional order;
• state authorities;
• justice.

Act against public order and safety

The legislation provides for certain categories of crimes. The Criminal Code of the Russian Federation singles out acts against public order and security. Such crimes include actions that violate the norms of behavior established by the state in society (working, living, resting conditions). They can be divided into the following types:

• acts against public safety (arts. 113 and 114);
• public order (Articles 215-217 and 219);
• crimes against security with the use of socially dangerous substances, materials, objects (Art. 220-226).

Crimes directed against the person

These are acts that are directed against the personal freedoms of citizens, privacy, honor, childhood or motherhood. The object of encroachment in this case is a person, as well as social relations that are associated with the implementation and implementation of human rights (social, biological, family, constitutional). These crimes are divided into the following types:

• acts against health;
• honor, dignity, freedom;
• sexual freedom or integrity;
• minors and families;
• constitutional freedoms and human rights.

Crimes against property

Intentional or careless action that violates the right of possession or causes damage to the owner of the property - these signs form general concept crimes. Categories of crimes can be as follows:

1. Fraud, theft, embezzlement or appropriation, robbery.
2. Damage or destruction of another's property.
3. Causing property damage without theft.

The object of the crime includes relations that ensure the normal functioning of all existing forms property.

economic crime

Categories of crimes include acts committed in the distribution, production, exchange or consumption of services and benefits of the material world.
The object is the relations that arise in the course of economic activity for the division, production or consumption wealth. Also, the object should include relations that develop as a result of economic activity. The subjective side, as a rule, is characterized by guilt in the form

Acts against health and public morals

Illegality, obstruction of the normal functioning of a favorable human environment - these are the main features that characterize this crime. The categories of crimes against health and morality are of the greatest concern to the state.

The health of the population is an important social value, provided by economic, political, medical and legal measures.

Public morality is a set of rules and norms of behavior, reflecting the idea of ​​evil and good, honor and justice.

Acts against the interests of service in commercial organizations

This crime involves an intentional act related to management activities organization and creating a threat of causing significant harm to the legitimate interests of the state and society. The object of the crime is the relationship through which the objective side is expressed in the form of inaction or action, which is aimed at committing acts that harm other people's interests. The subjective side is manifested by guilt in a deliberate form.

environmental crime

Categories of crimes of this type are characterized by public danger, harm to the environmental law and order and environment generally.
An object is considered to be complex relations that have developed in the process of using natural resources and are subject to protection by the state.
The subjective side is guilt in the form of negligence or direct intent.

Acts against exploitation and traffic

This is a crime that violates the functioning of transport relations aimed at ensuring the safety of human health and life. is considered to be the safety of a specific type of traffic vehicle. The objective side is manifested in the form of action or inaction, which led to Negative consequences. The subjective side falls through in the form of a careless form of guilt, when the guilty one foresees the coming undesirable consequences and without sufficient reason presumptuously tries to prevent their onset.

Acts against the security of the state and the constitutional order

This crime is expressed in an unlawful encroachment on the constitutional order, as well as the security of the state. It is expressed in the form of a deliberate act, which is aimed at undermining or weakening the constitutional order, economic and political system states.

The generic object is the relationship that provides stability and normal existence. state power. The objective side is presented in the form of action, while the subjective side, in turn, is characterized by direct intent.
These are the categories of crimes (Criminal Code of the Russian Federation):

1. Aimed at causing damage to external security.
2. Encroaching on defense capability and economic security.
3. Acts whose purpose is to disclose

Crimes against the authority of the state

These are acts directed against the normal, legally regulated activities of the state administration apparatus, which were committed by officials who used their official powers.

The object of a crime is a set of relations that ensure the legitimate activities of state authorities. The subjective side is expressed by a deliberate form of guilt.

Criminal acts against justice

With regard to this category of crimes, the Criminal Code characterizes them as an encroachment aimed at the normal activities of state justice bodies.
The object is considered to be relations that are designed to ensure the normal, legally regulated activities of the court, as well as bodies that contribute to the implementation of such tasks. The objective side is manifested in various forms opposition to justice. The subjective side appears in the form of direct intent.

Categories of crimes

Public danger is a quality inherent in all crimes. However, they differ in content and the level of harm caused. Given the dependence on the nature and degree of public danger, as well as the form of guilt, all criminal acts are divided into the following categories: 1) crimes of minor gravity; 2) crimes of average gravity; 3) serious crimes; 4) especially grave crimes.

Under character crime is usually understood as its qualitative characteristics, and under degree - quantitative.

In accordance with Art. 15 CC crimes small gravity Intentional and reckless acts are recognized, for the commission of which the maximum punishment provided for in the article of the Special Part of the Criminal Code does not exceed two years in prison (for example, a threat to kill or inflict grievous harm health - Art. 119 of the Criminal Code of the Russian Federation). Based on the definition, it is extremely important to understand that if any punishment is provided for a crime other than imprisonment, then it always refers to crimes of minor gravity.

crimes moderate recognized deliberate acts for which the maximum punishment does not exceed five years in prison (for example, violation of the rules for accounting, storage, transportation and use of explosive, flammable substances and pyrotechnic products - Article 218 of the Criminal Code of the Russian Federation) and careless offenses for which the maximum penalty exceeds two years' imprisonment. Τᴀᴋᴎᴍ ᴏϬᴩᴀᴈᴏᴍ, the legislator excluded crimes committed through negligence from the category of grave, which, in the author's opinion, is quite reasonable. The danger of reckless crimes, regardless of the severity of the consequences, is not of great importance compared to intentional crimes.

severe recognized as crimes deliberate acts for which the maximum punishment does not exceed ten years in prison (for example, bringing a knowingly innocent person to criminal responsibility, combined with accusing a person of committing a grave or especially grave crime - part 2 of article 299 of the Criminal Code of the Russian Federation).

Particularly serious recognized as crimes deliberate acts for which a penalty in the form of imprisonment for a term of more than ten years or a more severe punishment is provided (for example, an encroachment on the life of a person administering justice or a preliminary investigation - Article 295 of the Criminal Code of the Russian Federation). A more severe punishment should be life imprisonment or the death penalty.

It should be noted that crimes committed through negligence are only of minor or moderate gravity, regardless of the severity of the consequences.

First of all, they are important in determining the type of recidivism of the crime.

Τᴀᴋᴎᴍ ᴏϬᴩᴀᴈᴏᴍ, it can be concluded that the assignment of a criminal act committed by a person to any category may have various legal consequences.

Human life is subject to various objective factors. However, in the world today there is a universal regulator of social relations, called law. Over the centuries, this category has been improved and acquired new features. In the 21st century, law is the crown of creation. Its norms have penetrated almost all spheres. human life. The banal purchase of apples in the market is an example of a sales contract. Human labor activity is also subject to certain institutions of law. But in all the cases presented we are talking about the legitimate sphere of human existence. However, human actions, as we know, are not always positive. At certain moments, human deeds cease to fit into the general legal order of things. In this case, we are talking about offenses. The category represents actions that are prohibited by the current legal regime in the state. At the same time, offenses are different kind. One of the most dangerous are crimes. They are the most harmful acts, the scope of which is regulated by criminal law. The issue of doctrinal identification of the key features of crimes and their structural categories is relevant for many modern scientists. This issue has a number of characteristic aspects, the importance of which is due to some practical aspects.

Criminal law: concept, features of the industry

Crime, categories of crimes are institutions of a specific sphere of regulation of the legal system Russian Federation. Such is criminal law. It is a set of legal norms that regulate socially dangerous acts and relations related to their commission: the imposition of a specific punishment, the application of other measures of responsibility, exemption from liability, etc. In this case, a crime is the main category of criminal law. dedicated to him most of the entire industry. It should be noted that criminal law is one of the most ancient legal spheres of regulation. Some of its institutions were already in existence at the time Kievan Rus, and later tsarist Russia. Today this area legal regulation is one of the most advanced. This is due to the emergence of socially dangerous acts of a new type.

The concept of crime

The key institution of any legal branch must be analyzed starting from the analysis of its concept. The categories of crimes of the Criminal Code of the Russian Federation are an important element of the entire process of studying socially dangerous acts. However, many features of the category lie in the concept. According to modern criminal law theory, a crime is one of the types of offenses characterized by highest level danger to society. That is, such acts harm not only specific legal relations in a limited area, but also the whole society as a whole, as well as the moral foundations that have been formed within it. In this case, the concept of a crime, the categories of crimes are interrelated elements of one institution that complement each other.

Composition of the offense

Crime, categories of crimes are formed systems built from certain elements. This kind of structure is called the composition of the social dangerous act. Its presence plays a key role. After all, the clarification of all the elements of the crime makes it possible to apply the norms of criminal liability to specific person. Thus, the structure of the composition includes: the subject, the subjective side, the object and the objective side. Each element has own features and key features. Taken together, all the structural parts of the crime testify to the fact of its commission. Thus, in practice, representatives law enforcement are engaged in the search for elements of a crime in specific offenses.

What are categories of criminal offenses?

The fact that all socially dangerous acts have a single composition and are characterized by certain features does not mean that they are identical. On the contrary, all crimes are not identical to each other. The concept of "category" in this case indicates the degree of danger posed by the crime. In other words, we are talking about the most standard classification group of socially dangerous acts. The bottom line is that there are only four categories of crimes. The Criminal Code of the Russian Federation contains a special rule that lists all socially dangerous acts without exception. It should be noted that quite often people identify the types and categories of crimes. There is a rational grain in this approach. Nevertheless, many scientists are inclined to believe that the term "category" is used only to highlight the degree of public danger or severity. specific groups crimes.

What categories of crimes exist?

There are various typologies of socially dangerous acts. This means that the categories of crimes are also not unambiguous. Their selection will depend on certain classification features. There are three key groups of categories, namely:

• normative, established by law;
• a group allocated depending on the form of guilt;
• a group distinguished according to species and generic objects.

Categories of crimes of the Russian Federation of the first set are the most important. In addition, they are used to qualify socially dangerous acts in the practical activities of law enforcement agencies.

Normative typology

According to the current criminal legislation, the categories of crimes include especially grave, grave, medium gravity and minor socially dangerous acts. In this case, the division is based on the degree of danger and the negative impact on social relations. The indicator of the severity of crimes of the presented categories is the terms of imprisonment provided for their commission. There is the following gradation of time frames:

• for committing a crime of minor gravity, a penalty of imprisonment for up to three years is provided;
• for the commission of a socially dangerous act of medium gravity, a penalty of imprisonment for up to five years is provided;
• for committing a grave and especially grave crime, punishments are provided in the form of imprisonment for up to ten and over ten years, respectively.

As mentioned earlier, these categories are the most relevant in law enforcement practice, since they are expressly provided for by law. However, this fact does not diminish the importance of the existence of other typologies, which also play a certain role.

Categories allocated according to the form of guilt

Exists a large number of acts to which the term "crime" applies. Categories of crimes differ from each other. Normative typology in this case is not the only one. Today, the categories of criminal offenses, allocated depending on the specific form of guilt, are becoming increasingly popular. In this perspective, socially dangerous acts can be called intentional and reckless. In the first case, there is a specific intent, and in the second, only the negativity of the act is allowed. It should be noted that the form of guilt and the severity of the crime are interrelated. As a rule, intentional crimes carry a greater danger to society than careless ones.

Categories allocated depending on the type of object

Today, in theory, there is a division of socially dangerous acts based on the object, that is, those relationships that are directly harmed. As we know, there are generic and specific objects. This fact is a key principle in the construction of the Special Part of the Criminal Code of the Russian Federation. The bottom line is that the five sections included in the Criminal Code are formed on the basis of the selection of a generic object. AT this group includes crimes against the state and military service, personality, in the field of economics, etc. In addition, the Criminal Code of the Russian Federation contains chapters, the formation of which is carried out on the basis of a specific object.

Conclusion

So, we have considered the key features of such an institution of criminal law as a crime. Categories of crimes also play an important role in the process of theoretical and practical law enforcement activities. That's why scientific development and the modernization of both components of the criminal legislation should be carried out in the future, as this contributes to the creation of the most acceptable for Russian society criminal law sphere, which will cope with the tasks assigned to it.

The concept of crime- a key, central category of criminal law. A correct understanding of the crime is important not only for law enforcement agencies and courts, but also for citizens. Criminal behavior is a kind of human behavior. It is noted that "human behavior is the most common and most indispensable feature of any crime."

Criminal law formulates the concept of a crime, taking as a basis for its definition an indication that a crime is not just an act prohibited by law, but an action or inaction that, in its content, is dangerous for the individual, the interests of society, the state. Therefore, criminal law considers the most important sign of a crime not a formal sign - prohibition by law, but a material one - its social danger. The concept of crime, which reveals its essence, and is not based only on its formal characteristics, is called the material concept of crime. . material concept crimes - the leading principle of Russian criminal law.

The concept of a crime is given in Art. 14 of the Criminal Code: "A guilty socially dangerous act, prohibited by this Code under threat of punishment, is recognized as a crime." Based on the legislative definition of the concept of crime, the science of criminal law establishes that any crime is characterized by a set of mandatory features: public danger, criminal wrongfulness, guilt, punishability.

* A crime is a guilty socially dangerous act prohibited by this Code under the threat of punishment.

* An action (inaction) is not a crime, although formally containing signs of any act provided for by this Code, but due to its insignificance, it does not pose a public danger.(Article 14 of the Criminal Code)

Public danger means that the act is harmful to the individual, society, state. In other words, the social danger of an act lies in the fact that it causes or creates a threat of causing certain harm. public relations protected by law. Defining the tasks of the Criminal Code, the legislator in Art. 2 of the Criminal Code gave a list of objects, encroachments on which pose a public danger. Public danger varies in nature and degree. The nature of public danger determines the qualitative originality of the crime. The degree of public danger is a quantitative expression of the danger of an act.

Criminal wrongfulness consists in the prohibition of a crime by the relevant criminal law norm The special part under the threat of application to the guilty of punishment. The criminal wrongfulness of an act is legal expression his public danger.

Person's guilt. Guilt- this is the attitude of the psyche of a person to a socially dangerous act committed by him and its consequences in the form of intent or negligence. It is important to understand that for all dangerous consequences A person can be prosecuted only if there is guilt in his actions. If the act is committed innocently, the person cannot be held criminally liable. Guilty can only be recognized as a person who, both in his age and mental state, is capable of realizing the actual nature and social danger of his actions (inaction) or directing them. Therefore, the actions of minors, as well as socially dangerous acts of the insane, cannot be considered as a crime.

Persons who were in a state of insanity during the commission of a socially dangerous act are not subject to criminal liability. Compulsory medical measures may be imposed on such persons by the court.

The criminal code establishes limited sanity. According to Art. 22 of the Criminal Code, a sane person who, at the time of the commission of a crime due to a mental disorder, could not fully realize the actual nature and social danger of his actions (inaction) or manage them, is subject to criminal liability. Such a mental disorder, which does not exclude sanity, is taken into account by the court when sentencing and may serve as a basis for imposing compulsory medical measures.

Punishment- the necessary legal consequence of the crime. Punishability is expressed in the threat, the possibility of applying punishment for acts provided for by criminal law. The punishment established by the Criminal Code is not always applicable. The law contains a number of grounds for exemption from punishment of persons who have committed a crime. But even in these cases, the acts do not lose their criminal and illegal nature.

So, a crime is a socially dangerous, criminally illegal, guilty and punishable act (action or inaction) committed by a sane person (limitedly sane) and who has reached the age established by the Criminal Code.

Depending on the nature and degree of public danger, the Criminal Code in Art. 15 distinguishes four types of crimes : crimes of small gravity, crimes of average gravity, serious crimes and especially serious crimes.

Minor crimes intentional and reckless acts are recognized, for the commission of which the maximum punishment provided for by the Criminal Code does not exceed two years in prison.

Medium crimes intentional and reckless acts are recognized, for the commission of which the maximum punishment provided for by the Criminal Code does not exceed five years in prison.

Serious crimes intentional and reckless acts are recognized, for the commission of which the maximum punishment provided for by the Criminal Code does not exceed ten years in prison.

Particularly serious crimes Intentional acts are recognized for the commission of which the Criminal Code provides for punishment in the form of imprisonment for a term of more than ten years or a more severe punishment.

Criminal statistics record cases where the same person or group has committed several crimes. In order to differentiate the responsibility and punishment of such persons, the Criminal Code establishes responsibility for the repetition and totality of crimes.

The commission of two or more crimes provided for by one article or part of an article of the Criminal Code is recognized as the repetition of crimes. Committing two or more crimes under different articles of the Criminal Code, may be recognized multiple times in cases provided for by the relevant articles of the Special Part of the Criminal Code. If a person has been released from criminal liability for a previously committed crime or the conviction has been canceled or withdrawn, then the crime not recognized as committed repeatedly.

A cumulative crime occurs when a person has committed two or more crimes, neither of which has been convicted. The totality of crimes is and one action (inaction) containing signs of crimes provided for by two or more articles of the Criminal Code.

Increased criminal liability and punishment are established by the Criminal Code for persons who have committed a crime and have a criminal record for a previous crime. The Criminal Code distinguishes between dangerous recidivism of crimes and especially dangerous recidivism of crimes.

The most pronounced form criminal behavior is the commission of a crime in a group. Complicity in a crime is the intentional joint participation of two or more persons in the commission of intentional crime(Article 32 of the Criminal Code). As accomplices in a crime, the Criminal Code singles out the performer, organizer, instigator, accomplice (Article 33 of the Criminal Code). Most dangerous form group criminal behavior is the commission of a crime by a group by prior agreement, organized group and criminal community (criminal organization).

The totality of the objective and subjective signs, characterizing a certain socially dangerous act as a crime, is called corpus delicti. A specific crime and its composition relate to each other as a phenomenon and a concept about it. Crime is a certain phenomenon of reality, which has many individual features. The corpus delicti is a set of only the most significant and typical features provided by law that are necessary for recognizing a certain socially dangerous act as a crime. The corpus delicti is the legal concept of a crime.

All signs of the crime characterize the main elements of the crime:

object, objective side, subject and subjective side of the crime. According to the degree of public danger, the offenses can be classified into four types:

· simple composition, without aggravating and mitigating circumstances specified in the Criminal Code (for example, part 1 of article 105 of the Criminal Code);

corpus delicti with aggravating circumstances (for example, part 2 of article 105 of the Criminal Code);

· corpus delicti with extenuating circumstances (for example, art. 107, 108 of the Criminal Code);

composition with especially aggravating circumstances (part 3 of article 213 of the Criminal Code).

Such a classification of crimes according to the degree of public danger is important in qualifying a crime and imposing a punishment commensurate with the gravity of the act committed.

Criminal liability comes only for the action or inaction of a person containing signs of a crime, and not for the crime as such.

In Art. 8 of the Criminal Code establishes that the basis of criminal liability is the commission of an act containing all the elements of a crime under this Code. Criminal liability- this is an element of a criminal legal relationship, which is generated by a legal fact in the form of an action or inaction. Criminal liability implies the right and duty of the state, represented by its law enforcement agencies, to apply to the person who committed the crime the norm of the Criminal Code in accordance with its content and meaning, and for the person who committed the crime - to bear responsibility and punishment for the deed and the right to be punished on the basis and within the limits of the very norm of the Criminal Code, which he violated.

criminal responsibility subject only to a sane natural person who has reached the age established by this Code. Thus, a person subject to criminal liability must be individual, sane, who has reached the age specified by the Code(Article 19 of the Criminal Code).

subject to criminal liability person over the age of sixteen at the time of the commission of the crime. For separate, especially grave crimes (on the day of the adoption of the Criminal Code there were twenty such crimes), criminal liability comes from the age of fourteen (part 2 of article 20).

The Criminal Code defines a juvenile as a person who, at the time of the commission of a crime, is fourteen years of age but under eighteen years of age. A minor is not subject to criminal liability if, due to a lag in mental development, unrelated to mental disorder, during the commission of a socially dangerous act, could not fully realize the actual nature and social danger of his actions (inaction) or manage them (part 3 of article 20 of the Criminal Code).

Criminal liability involves the application of punishment to the guilty, with the exception of cases of exemption from punishment provided for by the Criminal Code. Juveniles who have committed crimes may be punished or they may be subject to compulsory measures of educational influence. In the latter case, he is exempted from criminal liability. The conditions for such release are the commission of a crime of small or medium gravity for the first time and the recognition of the possibility of its correction through the application of compulsory measures of educational influence.

Criminal liability ceases if the criminal legal relationship is eliminated. The conditions for the elimination of a criminal legal relationship are: serving a sentence, exemption from criminal liability, removal or cancellation of a criminal record.

Life testifies to cases when an act that outwardly resembles crime, in a particular setting has a different content, and therefore is socially beneficial. For these reasons, it is not recognized as a crime. In relation to such situations, one can speak of circumstances excluding the criminality of the act. The Criminal Code includes six such circumstances:

Necessary defense (Article 37 of the Criminal Code),

Causing harm during the detention of a person who committed a crime (Article 38 of the Criminal Code),

Extreme necessity (Article 39 of the Criminal Code),

Physical or mental coercion (Article 40 of the Criminal Code),

Justified risk (Article 41 of the Criminal Code),

Execution of an order or instruction (Article 42 of the Criminal Code).