Legal Encyclopedia. The letter K

QUALIFICATION OF CRIMES

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the process of establishing the identity signs of the socially dangerous acts and signs of specific composition described in criminal law.

In the theory of criminal law into two categories K. P .:

1) the official (legal). It is a criminal offense and legal assessment carried out by a particular criminal case by persons specially authorized by the state. Official qualifications carry the body of inquiry (inquiry officer), the preliminary investigation body (the investigator), the Prosecutor's Office (prosecutor) and the court (judge);

2) the informal (doctrinal). This legal evaluation of the criminal act, which is given by individuals in terms of the everyday world and does not give rise to legal consequences.

In the theory of criminal law are the following stages of the C. P .: 1) asking whether the act of a crime provided for in the articles of the Criminal Code, ie, whether the features of the act of a crime;

2) the legal assessment of the offense all the grounds of the offense.

The reliability of conclusions about the objective and the subjective side of the offense is determined by how the full, comprehensive and objective information is about this act. Furthermore, this information can be the basis for the conclusions only on condition that it is obtained in a situation of strict observance of the rules of criminal procedure legislation.

KP begins with the establishment of an object infringement, of the consequences, guilt, signs of the perpetrator, that is, set all the elements of a crime;

3) the clarification of the circumstances mitigating and aggravating. The qualifying period can not be assessed twice act or twice used the same sign of a crime;

4) description of the guilty person, ie, his social status, age, responsibility, gender, criminal connections and others.

The characteristics of the individual, with the exception of responsibility and age, signs of the special subject of legal values ​​for qualification do not have, they are only taken into account in sentencing;

5) analysis of the collected information, the article selection, part of the article, in which the person prosecuted.

At this stage, you need to thoroughly and impartially analyze the collected information and to find an article in the Criminal Code, under which the act in question falls.

KP carried out the preliminary investigation bodies, grade KP declared in the court verdict.

Causes of irregular KP are falsely understood interests of justice; influencing the representative of authority in the exercise of professional skill; obviously incorrect qualification can be used to improve the criminal-legal statistics.

The offender has the right to require K acts on a specific article of the Criminal Code and the criminal sentencing of the kind and in the amount that is provided for the offense. K acts on a specific article of the Criminal Code does not predetermine the size of a particular punishment. But it provides a framework within which can be imposed.