Legal Encyclopedia. The letter C

SPECIAL perpetrator

- A person who, in addition to the character of the general subject, has additional features that reflect the specific properties of the offender (these additional features are stated in the disposition of the criminal law).

The current criminal law in some cases provides for offenses, the subjects of which can not be imputed to any persons who have reached legal age, but only those with common features has additional optional features, fixing the specific characteristics of the subject. The basis for the recognition of such persons S. SP is the possibility of committing a crime in certain areas that are not available for all subjects (for example, civil servants).

Thus, establishing liability for failure to render aid to the patient, the law does not point directly to the subject of crime, but calls it an essential feature: the duty of that person to render aid to the patient under the law or special rules. In accordance with special rules, Russia established by the competent health authorities, all medical professionals (doctors, medical assistants, midwives, nurses, and others.) Are obliged to first emergency assistance to citizens on the road, on the street, at home, in other public places. In some formulations specific crimes only by military might, officials, employees, transport, etc.

Signs C. SP can be divided into the following groups:

1) The features that characterize the legal status of the subject, which include:

a) nationality (citizen of the Russian Federation, a foreign citizen or stateless person);

b) The official position of the person (official or even certain types of officials: the head of the organization, a representative of the authorities, the police officer, judge, prosecutor, etc.);

c) profession, occupation, nature of the work (the person who drives the vehicle, the athlete; the doctor; a teacher; a private notary, a private auditor, the captain of the ship, etc.);

g) related to the military service (soldier conscript);

d) participate in the proceedings (witness, victim, expert, translator);

e) the convicted or detained (a person sentenced to deprivation of liberty, a person serving a sentence or awaiting trial);

g) criminal record (a person previously convicted of a uniform crime; a person who has two or more times was convicted of larceny);

2) the physical properties of the subject, such as signs, related to age (adult), sex (male or female), health and disability (person sick with a venereal disease or HIV-infected;

able-bodied person);

h) the relationship of the subject with the victim: related, service and other relations.