Objective side of the crime
The objective side of the crime is an elementthe composition of the crime, the presence of which is mandatory for the qualification of the action (inaction) of the perpetrator. This is an external manifestation of a socially dangerous unlawful assault on a facility protected by criminal law. It is expressed in the aggregate of interrelated obligatory elements, namely, in the act, the consequences that have come, the existing causal relationship.
The objective side of the crime is alwaysis expressed in an act that is its main feature. This is a volitional act of conduct, which is carried out by means of action (inaction), prohibited by criminal legislation. Socially dangerous acts that are criminalized by the law are recorded in the Criminal Code. The disposition of the article may contain a list of socially dangerous actions (for example, the acquisition, storage, transportation of narcotic drugs) or the name of the crime (for example, murder, robbery, robbery).
The objective side of the crime contains suchsigns, as the onset of consequences, which are socially dangerous, and causal connection. They are obligatory for material compositions. The consequences of crimes can be different. For killing it is the approach of death, for theft - theft of objects, etc.
Between criminal acts and consequencesthere must be a causal connection. This means that harm must be caused precisely as a result of the actions (inaction) of the perpetrator, and not because of any other objective factors.
In addition to the main, there are also optional signs of the objective side of the crime. Let's consider each of them separately.
- The place of commission, that is, the definitethe space (territory) where the crime occurred. The definition of this feature is especially important in establishing the territory of the state where the criminal act was committed in order to know which legislation the country should be applied.
- Time, that is, a certain period, duringwhich was a crime. As a rule, it is not indicated in a specific part of the Criminal Code, but it is often implied, for example, in Art. 106 - killing a newborn mother. In addition, it should be remembered that a crime can occur simultaneously, and can be continued. For example, in the first case, TV from the factory is abducted entirely, in one day, and in the second - by parts for a long time. This distinction significantly affects the qualification.
- The method of committing a crime, i.e., a set of methods, techniques used by the guilty to achieve the desired result. The establishment of the method makes it possible to distinguish between crimes that are similar to each other (for example, to distinguish between robbery and robbery). In addition, it can be specified in the code as a qualifying feature, for example, a generally dangerous method (arson, explosion, etc.).
- The tools and tools that are used forthe commission of an act. Various devices, objects and substances can be used to carry out criminal actions. As a means can act as pickpockets, acid, poisons, gas, etc. The tools most often are cars and other vehicles, weapons and objects used in this capacity, etc.
- The situation of the crime. It means a certain situation and existing conditions at the time of the commission of the crime. This feature is important in the qualification of the actions of the perpetrator when the legitimacy of the necessary defense is exceeded, leaving it in danger.
The objective side of the crime is a necessary element of the crime, in the absence of which the person can not be held accountable.