Rus Articles Journal

What is the crime?

That such crime? In everyday sense everyone understands it on the, but in legislative sense the crime is quite concrete legal category.

Let`s address history at first. In modern understanding concept of a crime not it is also more ancient. It was for the first time enshrined in the French criminal codes of 1791 and 1810 and already from there in this or that form was adopted by all other European criminal codes. Including Russian. The main sign of a crime - existence uncontested criminally - a legal ban. What is concrete why what it is connected with - it is a subject of separate conversation, and we will not stop on it within this article.

Today in the legislation of the Russian Federation the crime is understood as the act, most dangerous to society, which is directly provided by the criminal law that is guilty, socially dangerous act (action or inaction) forbidden by the criminal law under the threat of punishment (Art. 14 of the criminal code of Russian Federation). In other words, what is listed in the Criminal Code - it is a crime and that is not listed - it is NOT the crime.

But it looks good only in the theory, in life all many times zaputanny more difficult. There is still such piece as practice of right application, on the one hand, and interpretation of rules of law, with another. The matter is that the final decision that to consider as a crime and what is not present, in each case people accept. And they have the attitude, an environment, knowledge, at last. Apart from phone on which can call “from above“ and tell it what to do with this concrete case and how to arrive with similar affairs from now on.

In practice it looks so that any concrete act in one region of the Russian Federation can be recognized as a crime with removal to the guilty person of a conviction, and in other region of the Russian Federation on absolutely same will take out negative material. For example, somebody borrowed money and did not give kopeks. The creditor contacted police. If all this occurs in Moscow or the Moscow region, then 99 of 100 that will refuse to it initiation of legal proceedings as it “simple economic dispute“ and “the creditor should appeal to court with the claim to the debtor“. If it occurs where - nibud in the Tyumen region, then, most likely, criminal case will be brought under the article “fraud“ (that is plunder of someone else`s property or buying someone else`s property by deception or breach of confidence).

Or sale of the property which is in pledge. That on this structure to bring criminal case in the Moscow region, it is necessary to make the mass of actions it is similar to an everyday feat and that not the fact that business will be all - it is excited. In St. Petersburg to applicants with such statements in police are infinitely glad, ready to kiss on a forehead and to give to drink tea with buns. It also is clear why: it is necessary to investigate in fact nothing, to catch guilty persons too, all proofs of fault of the swindler follow from the documents provided by the applicant and so on. Well, not business, and a souvenir - at small labor costs 100 - percentage solvability, stars, office growth and summer holidays.

Tax and customs affairs stand a separate pool. What in Moscow and the Moscow region “unfair“ taxpayers receive the real sentences of court determining by a punishment measure including imprisonment for - in a number of regions a crime is not at all. As though we live not in the federal state with the declared uniform and monotonous legal framework in all its territory, and in the USA where at each staff the legislation.

And I deliberately do not consider obviously corruption or custom cases, and I speak about the general practice and tendencies.

Described above concerns not only affairs on economy, but also quite usual everyday situations. Excess of necessary self-defense, for example. Or hooliganism. For firing from the traumatic gun in the car of responsible for road accident in Vladivostok criminal liability, and in Perm exclusively administrative waits. If did only property damage, naturally, without the victims.

In end it is possible to tell that any of the high-ranking officials about various interpretation of the same rules of law in different regions of Russia and different right application responsiblly could not answer a question.