Legal encyclopedia. Letter P

ATTEMPT TO THE CRIME

- deliberate actions (inaction) of a person directly aimed at the commission of a crime, if the offense was not brought to completion in circumstances beyond the control of the person.

P. on. P. characterized by the following features:

1) the act of the person is directly directed to the commission of the crime, i.e. Actions are carried out that are part of the objective side of the crime, while the objective side of the crime is not fully implemented. These actions are directly aimed at the object protected by the criminal law (property relations, safety of life and health);

2) the incompleteness of the crime is due to reasons that do not depend on the perpetrator. Incompleteness is the absence of one or more necessary signs of the objective side of the corpus delicti, provided for by a specific rule of the Special Part of the Criminal Code or

Non-occurrence of the criminal result specified in the law.

If the criminal consequences do not come immediately (the victim dies in the hospital a few days after the injury caused to deprive him of his life), the crime is recognized as completed, since from the point of view of the law, the criminal act is deemed to be over if caused by the willful act (inaction) of the guilty Criminal result;

3) from the subjective side of the P. on P. characterized by an intentional form of guilt.

In the theory of criminal law distinguish the types of P. on P.:

1) completed - an attempt at which the perpetrator carried out all the premeditated actions, and these actions would be sufficient to complete the crime, but the criminal result did not occur due to circumstances beyond the will of the guilty.

Varieties of completed P. on P. are P. on P. with inappropriate means or on NP an unfit object. A person who has committed such acts on P. is liable to criminal liability on general grounds.

When attempting to destroy an object of action

Guilty owing to the factual error admitted by him does not create a real danger of harming the public relations protected by the criminal law.

When an attempt is made with unfit means, the person guilty to achieve his socially dangerous goals applies such items, which, by their objective qualities and properties, can not lead to the end of the encroachment or the desired criminal result. Finished P. in P. is possible only in material formulations;

2) unfinished - such an attempt, in which the perpetrator failed to perform all actions that he considered necessary for the completion of the crime and which were objectively needed for his termination. The division of attempts on the finished and unfinished plays an important role in determining the degree of public danger of the deed, the appointment of sanctions and the solution of the question of voluntary renunciation of the crime.

The legal significance of PP in PP is expressed in the following:

1) P. on P. is the second stage of criminal activity;

2) for P. on P. does not provide for punishment

In the form of the death penalty or life imprisonment;

3) it is considered less dangerous than the conduct that led to the completed crime;

4) the formula for criminal liability for P. on P.: "The person is liable under the article of the Special Part of the Criminal Code of the Russian Federation with reference to Part 3 of Article 30 of the Criminal Code of the Russian Federation."