A crime in the criminal code is an unlawful guilty act that represents a public danger and is prohibited by law under the threat of sanctions.
The signs of a crime stemming from the very concept are public danger, guilt, wrongfulness and punishability.
The most dangerous acts, encroaching onpersonality, are crimes against life and health. The degree of responsibility for such misconduct depends on their severity and nature. In this article we consider the definitions of these crimes, their classification and differences among themselves.
Categories of crimes
Crimes against life and health, as well as other types of punishable acts, can be divided according to the degree and nature of the public danger into several categories (groups):
1. Little weight.
3. Heavy and especially heavy.
Illegal acts of minor gravity are wrongful acts, intentional or reckless. For such actions, punishment is provided for a term of imprisonment not exceeding the spirit of the years.
The category of acts of moderate severity includesintentional and committed by negligence. For them, deprivation of liberty is not more than five years. And the punishment for a crime through negligence does not exceed a two-year detention period.
Heavy acts are characterized by willful violation of the law. The punishment for them is provided in the form of imprisonment for a period not exceeding ten years.
The category of especially grave crimes consists of intentional acts, the sanctions for which are provided in the form of imprisonment for a period of more than ten years.
Composition of the crime and its signs
All types of acts, including crimes againstlife and health, have their own composition. If at least one of the four elements of the act is absent, then the criminal case is not instituted. Or it closes. Under the composition of the crime is understood the presence of subjective and objective signs. They define the violation as representing a public danger. The signs of the composition of a criminal act are divided into the following types:
1. The object and its side (the outer side of the crime).
2. The subject and his side (the inner side of the crime).
The object is what the intruder is encroaching on, thenthere is something to do harm. The external side of the crime is characterized by external manifestations. For example, how an illegal act was committed, what caused the consequences, etc. The subject is the person who committed the criminal act, and its signs (age, height, position, etc.). The inner side of the crime indicates the presence or absence of intent, motive, purpose. It can be said that it characterizes the mental activity of the subject.
The concept of crime against life
It includes all forms of deprivation of life, as well as causing death through negligence and bringing to suicide.
A murder is an intentional unlawful act that entailed the death of another person.
The object in this case is the humanlife as a special biological state of the organism. In practice, the beginning of life is the moment of birth. And the termination of the biological activity of the fetus before the birth of the child due to violent actions is punishable as causing harm to health.
Types of crimes against life
Any murder is always a source of danger to a person. Therefore, all categories of such crimes are divided into several types depending on the level of public danger.
1. Simple murder. There are no circumstances that aggravate the blame.
2. Qualified types of deprivation of human life (in the presence of aggravating circumstances).
3. Privileged elements of murder (with extenuating circumstances).
All kinds of crimes against life are not considered murder, if committed by imprudence. After all, then in the actions of the subject there is no indirect or direct intent to commit an illegal act.
What is the characterization of crimes against life? Actions targeted by human life include all types of murder. This also applies to bringing to suicide, and to causing death through negligence. Murder is the causing of death, which is entirely with direct intent.
Characteristics of crimes against lifebegins with the definition of the object. They are always the life of a person who has committed an unlawful act (as a special biological condition). The external side of the crime is expressed in the public danger and the consequences - the death of the victim. The subject is a person at the time of the murder, rape or, for example, robbery, which has reached fourteen years, in other cases - sixteen years. In separate parts of the crime, criminal responsibility starts from the age of eighteen. The inside of an illegal act has an exclusively intentional form of guilt. It is determined in the presence of direct or indirect intent. Exceptions are cases of death by negligence.
Crimes that have caused harm to health
Illegal acts committed against healthanother man. They are socially dangerous, prohibited by criminal law. They infringe on the safety of the health of the person to whom the criminal act was committed. Health is the natural physiological state of a person, characterized by the absence of defects and illnesses in it.
What is the characterization of crimes againsthealth? What in this case is the health of the person against whom the act was committed? As you already understood, the object. From the outside, the crime is expressed in an act (action or inaction), representing a public danger that caused the appearance of harm to health through physical, biological, mental, chemical, mechanical effects. The subject of the act is a person who is not younger than sixteen, except for the occurrence of liability in fourteen years, when serious or especially serious harm was caused. On the subjective side, the crime has a deliberate form of guilt. The exception is when a person is harmed through negligence.
Consider the types of crimes against health. The act, which harms another person, can be classified according to the hazard criterion into three types:
1. Light damage to health.
2. Harm of an average degree.
3. Severe degree of injury.
Depending on the method of commission of the act, the types of crimes against health are divided into several types:
1. Harm by hazard criterion.
2. Crimes not related to violence, but endangering the normal state of another person.
3. Torture and beating. Characterized by repeated use of violent actions.
4. Acts endangering health and human life.
Punishment for crimes
It is quite clear that for all illegalactions have to be paid. Crimes that are harmful to health are subject to criminal liability. It is determined by the severity of the deed. Responsibility for crimes against health can be, for example, in the form of a fine, compulsory work. Also punish criminals with restriction of freedom or the appointment of correctional labor. For example, for beatings there is a fine, compulsory or corrective work, and arrest. For infection with the human immunodeficiency virus, criminal law provides for deprivation of liberty. Except for cases of infection due to improper performance of the person assigned to him professional duties.
Punishment for murder is imposed in the form of restriction or imprisonment. The exception is crimes committed by negligence.
Now we know what crimes are against life and health and what are their differences.</ p>