Open AccessAbout improving the concept of completed crime
Author(s) -
Е. В. Благов
Publication year - 2022
Publication title -
ûridičeskij vestnik samarskogo universiteta
Language(s) - English
Resource type - Journals
eISSN - 2782-2990
pISSN - 2542-047X
DOI - 10.18287/2542-047x-2021-7-4-20-25
Subject(s) - criminal code , normative , futures studies , code (set theory) , criminology , law , russian federation , political science , criminal liability , criminal law , sociology , computer science , artificial intelligence , set (abstract data type) , regional science , programming language
The article is devoted to the search for signs that make it possible to unconditionally distinguish a completed crime from an unfinished one, on the basis of which it is possible to formulate a definition of a completed crime. Having considered the provisions of the Criminal Code of the Russian Federation on completed and unfinished crimes, the author concludes that the normative definition of a completed crime does not correspond to the concept of a crime and is not interrelated with the concept of an unfinished crime. The author emphasizes that the basis of criminal liability enshrined in this Code applies to both completed and unfinished crimes. The article proves that the signs of an unfinished crime are: committed a socially dangerous act, bringing it to an end, full foresight of the signs of the corpus delicti established by the Special Part of the Criminal Code, direct intent. Accordingly, a completed crime is recognized as a socially dangerous act committed with direct intent and completed, fully provided for by the signs of the corpus delicti established by the Special Part of the Criminal Code.