Legal Encyclopedia. Letter O

OBJECT OF CRIMES

- One of the four elements of the offense. The object as a philosophical category expresses the phenomenon that confronts the subject, his cognitive activity.

OP is a public relations benefit, the values ​​that are protected from criminal attacks by criminal law.

By establishing OP determined what specific social relations are changed, disrupted criminal assault. This makes it possible to reveal the nature and degree of public danger of the act.

With the advent of the state gradually add up the corresponding varying economic structure social relations.

Criminal law protected not all public relations, but only those that cause encroachment on significant adverse effects. The value of these social relations, protected by criminal law, is different: in the first place -Life and health.

Russian criminal law science and criminal law consistently define the concept of a crime as an act or omission, dangerous for the system of social relations, and are aiming to ensure the protection of a given order of social relations from criminal attacks.

Article 2 of the Criminal Code provides an indicative list protected by the criminal law of public relations, infringement of which are recognized crimes. These include protection of the rights and freedoms of man and citizen, property, public order and public safety, the environment, the constitutional system of the Russian Federation, the peace and security of mankind.

These relationships are not logged in, but are protected by the criminal law of social relations on the normal functioning of state power, interests

public service and service in local government, the established order of military service, the activities of the judiciary, and others. Public danger is recognized only to the act that causes or creates a risk of damage to the objects protected by the criminal law.

If the action (inaction) is formally containing signs of an offense under the Criminal Code, but by virtue of insignificance is not

public danger, it is not a crime.

The value of OP is that it:

1) it is one of the elements of the offense, and therefore included in the basis of criminal responsibility. If no object of the crime, and the offense is not, and therefore, excluded criminal liability;

2) determine the nature and type of crime;

3) serves as the basis on which systematized the penal law;

4) discloses the material essence of the crime.

Knowledge of OP allows you to distinguish crimes related to each other as well as to carry out the correct qualification of crimes to determine the set of crimes.

To establish the OP have to select from a number of public relations is a specific social relation, which is protected by the criminal law.

In determining the object of all important elements of public relations.

Is limited only by the definition

subjective structure can not be a relationship. Along with this, you need to take into account the occasion, the subject of the relationship and its contents.

For the most complete explanation of the quality characteristics of the object of specific crimes, the role and importance of the object, as well as the reflection of objective reality existing in a variety of public relations theory of criminal law establishes two classification OP .: vertically and horizontally.

Vertical OP is divided into a common, generic, specific, immediate; horizontally - in the main, additional, optional.