Безземельная О.А.,
Степанова В.Н.
Уфимский
юридический институт МВД России, Россия
Plurality of crimes
The term
"plurality" isn't applied in the criminal legislation, however his
forms open article 17-18 of the Criminal code of the Russian Federation. However
V. P. Malkov fills up plurality of crimes due to
commission of two or more crimes provided by articles of the Special part of
the Criminal code as the circumstance attracting more strict punishment, sets
of sentences, commissions of crime in the presence of the outstanding and not
removed criminal record which isn't considered at recognition of a recurrence
of crimes. G. A. Esakov in addition calls sovershe-ny a deliberate crime concerning two or more
persons.
Most of all
types of plurality of crimes are allocated by E. V. Blagov.
In work of educational character he adds commission to set and a recurrence of
crimes:
1. crimes the
person who has earlier committed a crime;
2. crimes the
person having a criminal record for earlier committed crime if at least one of
them careless;
3. a
deliberate crime the person having a criminal record for earlier committed
crime of small weight;
4. a
deliberate crime the person having a criminal record for the deliberate crime
which is earlier committed at minor age;
5. a
deliberate crime the person having criminal records for deliberate crimes for
which condemnation admitted conditional or on which the delay of execution of a
sentence was granted if they weren't cancelled and the person didn't go for
serving sentence to places of detention;
6. two crimes,
one of which is established after adjudgement for
another;
7. commission
of several crimes, at least one of which is made after adjudgement
for previous.
From all types
of plurality of crimes allocated in literature it is impossible to agree only
with two, in my opinion. It is about commission of two or more crimes provided
by articles of the Special part of the Criminal code as the circumstance
attracting more strict punishment and a deliberate crime concerning two or more
persons. In these cases the actual plurality of crimes is regulated by the
legislator in one article (a part of article) of the Special part of the
criminal legislation as legally one difficult, but all the same single crime.
Plurality of
crimes is defined how cases of consecutive commission of crimes by the guilty
person (not less than two acts), and also cases of commission of criminal
actions when restrictions on already committed crimes work earlier. The
committed crimes can be a uniform look or differ absolutely from each other on
signs and structure. Characteristic signs for plurality of crimes are:
commission by one person not less than two independent acts which attract
criminal liability; acts can be ended or unfinished, and also made by other accomplice
of a crime or directly the performer; lack of a procedural obstacle to
involvement of the guilty person to responsibility on not less, than on two of
perfect acts; existence of reflection of these crimes in a conviction of court
or in the main procedural documents.
In the theory
of criminal law there is a large number of forms of plurality of crimes - it is
not momentariness, frequency, set, a recurrence,
criminal activity, criminal business and others. However the existing Criminal
code of the Russian Federation gives the grounds to consider that at it there
are only four main types of plurality of crimes:
1. Set of
crimes – one of the main forms of plurality of crimes. According to p.1 article
17 Criminal Code of the Russian Federation, it is a case of commission by one
person of two and more crimes of which the guilty person hasn't been condemned
for one. Besides, set of crimes one action or inaction of the guilty person
which contains essential elements of offense, provided not less, than two articles
of the Criminal Code of the Russian Federation admits. Set of crimes is
subdivided on: real when each of crimes is the ended act, one of them is
represented preparation for another heavier (for example, plunder of weapon for
act of terrorism); ideal when set is defined as one action which comprises
essential elements of offense, provided not less, than two articles of the
Code, at the same time doesn't matter whether these are provided by acts by
various articles of the Criminal Code or one article (for example, actions of
the guilty person who doesn't have the corresponding education and executed
abortion to several women in one and too time and in one place, it will be
qualified according to p.1 Art. 123 of the Criminal Code of the Russian Federation
on each victim separately, on set of crimes.
Set of crimes
admits the circumstance aggravating criminal liability. It should be noted that
real set, as a rule, is more socially dangerous, than ideal.
2. Commission
of two and more criminal actions which are provided in articles of the Code as
the circumstance attracting more strict punishment. This type of plurality of
crimes isn't the basic, it has been entered into the Criminal Code of the
Russian Federation by the Federal law No. 73-FZ of July 21, 2004 "About
introduction of amendments to the Criminal Code of the Russian
Federation". The form provides the announcement uniform criminal action
not less than two crimes which by what aren't connected among themselves except
that they are made by one person.
3. A
recurrence of crimes – one more main form of plurality of crimes. According to
p.1 Art. 18 of the Criminal Code of the Russian Federation, a recurrence
commission of deliberate criminal action-faced which already admits
has a criminal
record for the crime committed earlier.
Such form of
plurality of crimes as a recurrence, as a rule, bears in itself strengthening
of measures of criminal liability. The recurrence of crimes is divided on: the
general – when the person commits diverse crimes; special – when the person
commits identical or uniform crimes; penitentiary – when the person commits
crimes in places of detention. However the most important qualification is
division of a recurrence according to danger degree, distinguish: a dangerous
recurrence – when the person has committed serious crime if earlier this person
has been condemned to imprisonment not less, than for two deliberate crimes of
average weight or for heavy or especially serious crime; especially dangerous
recurrence - when the person has committed serious crime if earlier this person
has been condemned to imprisonment not less, than for two deliberate serious
crimes or when the person has committed especially serious crime if earlier
this person has been condemned to imprisonment not less, than for two
deliberate serious crimes or was condemned for especially serious crime.
Also It should
be noted that the p. 4 of Art. 18 of the Criminal Code of the Russian
Federation establishes types of a criminal record which aren't considered at
recognition of a recurrence, it: criminal records for the committed crimes of
small weight; criminal records for the crimes committed by the minor;
conditional criminal records for crimes or criminal records on which there is a
delay of execution of the court verdict provided that the sentence hasn't been
cancelled in view of appointment to the guilty person of new appointment in the
form of real imprisonment; criminal records which are extinguished or removed
as article 86 Criminal Code of the Russian Federation. At recognition of a
recurrence the criminal records connected with condemnations of the person in
other countries, including in the CIS countries, and also a criminal record for
crimes against life which were perfect under the circumstances extenuating fault
aren't considered (Art. 106-107, the p. 2 of Art. 108 of the Criminal Code of
the Russian Federation).
4. Set of
sentences - very irregular shape of plurality of crimes which actually doesn't
admit the theory of criminal law that as for many years отожествлялась
with a recurrence. However set of a sentence has wider concept, than a
recurrence of a crime and can be as it is combined with this to forms of
plurality of criminal action, isn't combined, just in those questions, so far
as concerns the criminal records which aren't considered at recognition of a
recurrence. Assignment of punishment on set of sentences is regulated by
standards of article 70 of the Criminal code of the Russian Federation.
Usually
differentiation of such concepts as a single crime and plurality of crimes
doesn't cause any difficulties as qualification of a uniform crime completely
covers signs of one structure provided by one article of the Criminal code of
the Russian Federation. The single crime represents action or inaction, is
encroached only on one object and made with one form of fault.
In the
criminal legislation there is such concept as a difficult single crime, it is
externally similar to plurality of crimes as consists of a number of uniform or
diverse actions and is the continued or lasting crime. As difficult uniform act
recognize a crime at the heart of which alternative/not momentariness
of actions, for example, Art. 228 of the Criminal Code of the Russian
Federation - illegal acquisition, storage, transportation, production,
processing of drugs, psychotropic substances or their analogs. Commission by
the person of each of the specified actions already is the sufficient basis for
recognition of a crime ended, but at the same time implementation everything
actions will be together regarded as the uniform continued crime, without
formation of plurality. In general the criminal law allocates the following
several types of a difficult single crime: continued, lasting, compound, with
two obligatory actions, with several alternatives, with two forms of fault,
with repeatedly perfect actions, multi-object, with additional serious consequences.
At permission of a question of definition of a crime as single or multiple, it
is necessary to proceed from standards of separate article of the Code and to
reveal the social and psychological content of criminal behavior.
Literature:
1. Blogs E.V.
Qualification in case of commission of crime. – M, 2009.
2. Esakov G. A. Qualification of the murder interfaced to
other crimes, or cuiusvis hominis
est errare (and the
legislator not an exception)//the Russian judge. 2004. No. 12.
3. V. P. Mnozhestvennost's whitebaits of crimes: entity, types and
legal value. – Kazan, 2006.