THE MULTIPLEITY OF CRIMES
- is the commission by one person of two or more crimes established by a court verdict, each of which is regarded by the criminal law as an independent crime. General signs of MP are:
1) each of the offenses constituting plurality should be only a crime;
2) each of the offenses must be legally an independent crime structure. This feature allows you to clearly distinguish between the plurality of crimes from a single crime and, in particular, its varieties such as continued, lasting and compound crimes.
Continuing is recognized as
A crime that consists of a number of identical criminal acts, covered by a single intention and aimed at a common goal. Homogeneous actions that constitute an ongoing crime, encroach on the same object and are covered by a single intent.
A crime is called a crime, which, starting with some action or inaction, is then carried out continuously in the form of inactivity during a certain, sometimes rather significant, period of time.
Compound (complex) crime arises because of a combination of two interrelated disparate acts, each of which under criminal law may
Be regarded as an independent crime (robbery);
3) each of the offenses must retain its legal significance, i.e. Not to lose the legal consequences of their commission at the time of the trial in court.
The species of MP are:
1) the totality of crimes;
2) relapse of crimes.
In the course of committing crimes that form MP, three legal situations can be distinguished when a person commits:
1) heterogeneous crimes, i.e. Such acts, which differ among themselves on significant grounds;
2) homogeneous crimes, i.e. Crimes with identical objects of encroachment and one form of guilt, which differ on the objective side, and sometimes on motives and goals;
3) identical crimes, i. Crimes that completely coincide according to the legal characteristics of the main or qualified staff.
The difference between MP and single crimes lies in the fact that a single crime is such socially dangerous actions that, being closely interconnected internally, often in such a combination are encountered in life and, because of this typical objective and subjective interconnectedness, are distinguished by law In one part of the crime; And with the multiplicity of each offense is regarded as an independent crime.
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