The concept, characterisitics and types of the crimes

1. PresentationPresentation:: "The concept,"The concept,
characteristics and types ofcharacteristics and types of
crimes"crimes"
work carried outwork carried out
3 rd year student,3 rd year student,
spec. 6508 1, MRC-302spec. 6508 1, MRC-302
Skybenko VSkybenko V..II.. and Bogdanov A.Vand Bogdanov A.V

2. For centuries, mankind has tried to give a definition ofFor centuries, mankind has tried to give a definition of
the crime. First on the scientific level did Romanthe crime. First on the scientific level did Roman
lawyer Ulpian that crime linked to the "action, whichlawyer Ulpian that crime linked to the "action, which
is connected with violence or deception." A classicis connected with violence or deception." A classic
is the definition of the crime that was given in 1791is the definition of the crime that was given in 1791
to the French Criminal Code, then - in the Criminalto the French Criminal Code, then - in the Criminal
Code Napoleon (1810). This definition of variousCode Napoleon (1810). This definition of various
modifications essentially prevails now. Art. 1modifications essentially prevails now. Art. 1
spacecraft France said: "The crime - the act thatspacecraft France said: "The crime - the act that
entails painful or shameful punishment."entails painful or shameful punishment."

3.
Crime - is under CC Ukraine guilty sociallyCrime - is under CC Ukraine guilty socially
dangerous act (action or inaction) done criminal.dangerous act (action or inaction) done criminal.
Crime is always a human act that infringes onCrime is always a human act that infringes on
the most important social relations that havethe most important social relations that have
been established and are recognized andbeen established and are recognized and
accepted in society, so that they are protectedaccepted in society, so that they are protected
by the criminal law.by the criminal law.

4. Crime is always contrary to theCrime is always contrary to the
public interest, restrictpublic interest, restrict
individual rights or deniesindividual rights or denies
these rights in favor of somethese rights in favor of some
other contrary legalother contrary legal
regulations. However, asregulations. However, as
public relations and a justpublic relations and a just
society is constantly changingsociety is constantly changing
and developing, changing andand developing, changing and
developing concepts anddeveloping concepts and
crime.crime.

5. Signs of crime:Signs of crime:
1) the act is done criminal;1) the act is done criminal;
2) the act socially dangerous - it causes damage or threatens to2) the act socially dangerous - it causes damage or threatens to
cause such damage to objects protected by legislation;cause such damage to objects protected by legislation;
3) is a wrongful act that provided by the current criminal law -3) is a wrongful act that provided by the current criminal law -
violation by a person of a particular criminal law;violation by a person of a particular criminal law;
4) is guilty of an act that is inflicted intentionally or negligently;4) is guilty of an act that is inflicted intentionally or negligently;
5) is punishable acts for which the current Criminal Code of Ukraine5) is punishable acts for which the current Criminal Code of Ukraine
stipulates certain type, time or size penalty.stipulates certain type, time or size penalty.

6. Is not a crime act or omissionIs not a crime act or omission
which, although formallywhich, although formally
containing attributes of anycontaining attributes of any
offense under the Criminal Codeoffense under the Criminal Code
of Ukraine, but because minor isof Ukraine, but because minor is
not public danger, and is notnot public danger, and is not
caused and could causecaused and could cause
significant damage to natural orsignificant damage to natural or
legal persons, society or statelegal persons, society or state
(including . 2, Art. 11 of the(including . 2, Art. 11 of the
Criminal Code of Ukraine).Criminal Code of Ukraine).

7. According to the criteria of a crime can be subdivided cutAccording to the criteria of a crime can be subdivided cut
types. Thus, depending on the form of guilt crimes cantypes. Thus, depending on the form of guilt crimes can
be divided into intentional and reckless, and those thatbe divided into intentional and reckless, and those that
can be committed both intentionally and negligently;can be committed both intentionally and negligently;
depending on the completion of the criminal activity - independing on the completion of the criminal activity - in
finished and unfinished (preparation of a crime,finished and unfinished (preparation of a crime,
attempted crime); for generic object - for crimes againstattempted crime); for generic object - for crimes against
national security, health against the person, crimesnational security, health against the person, crimes
against freedom, honor and dignity, etc .; based on theagainst freedom, honor and dignity, etc .; based on the
commission - the selfish exerted with the motive ofcommission - the selfish exerted with the motive of
revenge exerted on hooligan motives and others. Arevenge exerted on hooligan motives and others. A
positive heritage of national legislators should considerpositive heritage of national legislators should consider
consolidating the classification of crimes according toconsolidating the classification of crimes according to
their severity directly in criminal law, namely the mouth.their severity directly in criminal law, namely the mouth.
12 Criminal Code of Ukraine.12 Criminal Code of Ukraine.

8. Types of crime severity: a) minor offense - the offense forTypes of crime severity: a) minor offense - the offense for
which punishment of imprisonment for a term notwhich punishment of imprisonment for a term not
exceeding two years, or else a softer punishment; b)exceeding two years, or else a softer punishment; b)
Misdemeanor offense for which punishment ofMisdemeanor offense for which punishment of
imprisonment for a term not exceeding five years; c)imprisonment for a term not exceeding five years; c)
serious crime - a crime for which punishment ofserious crime - a crime for which punishment of
imprisonment for a term not exceeding ten years; d) aimprisonment for a term not exceeding ten years; d) a
particularly serious crime - a crime for which punishmentparticularly serious crime - a crime for which punishment
of imprisonment for a term exceeding ten years or lifeof imprisonment for a term exceeding ten years or life
imprisonment (part. 5, Art. 12 of the Criminal Code ofimprisonment (part. 5, Art. 12 of the Criminal Code of
Ukraine).Ukraine).

9. Minor offense, for example, abuse of guardianMinor offense, for example, abuse of guardian
rights (Art. 167 of the Criminal Code of Ukraine),rights (Art. 167 of the Criminal Code of Ukraine),
illegal disclosure of medical confidentiality (Art.illegal disclosure of medical confidentiality (Art.
145 of the Criminal Code of Ukraine) and others.145 of the Criminal Code of Ukraine) and others.
Misdemeanor, for example, fictitious businessMisdemeanor, for example, fictitious business
(Art. 205 of the Criminal Code of Ukraine) , the(Art. 205 of the Criminal Code of Ukraine) , the
substitution of the child (art. 148 of the Criminalsubstitution of the child (art. 148 of the Criminal
Code of Ukraine) and others.Code of Ukraine) and others.

10. Is a serious crime, such as grievous bodily harm (art.Is a serious crime, such as grievous bodily harm (art.
121 of the Criminal Code of Ukraine), unlawful121 of the Criminal Code of Ukraine), unlawful
imprisonment or kidnapping, committed by animprisonment or kidnapping, committed by an
organized group or which caused graveorganized group or which caused grave
consequences (p. Art. 146 of the Criminal Code ofconsequences (p. Art. 146 of the Criminal Code of
Ukraine) torture committed repeatedly or by priorUkraine) torture committed repeatedly or by prior
agreement by a group of persons (part. 2, Art. 127 ofagreement by a group of persons (part. 2, Art. 127 of
the Criminal Code of Ukraine) and others.the Criminal Code of Ukraine) and others.

11. Particularly serious crime, for example, diversionParticularly serious crime, for example, diversion
(Art. 113 of the Criminal Code of Ukraine),(Art. 113 of the Criminal Code of Ukraine),
espionage (Art. 114 of the Criminal Code ofespionage (Art. 114 of the Criminal Code of
Ukraine), murder (art. 115 of the Criminal CodeUkraine), murder (art. 115 of the Criminal Code
of Ukraine) and others.of Ukraine) and others.

12. Stages of the crime - a certain stages of preparation andStages of the crime - a certain stages of preparation and
premeditated crime.premeditated crime.
Stages of the crime:Stages of the crime:
1) preparation of a crime; 2) attempted crime; 3)1) preparation of a crime; 2) attempted crime; 3)
completed crime.completed crime.
Preparation is the first stage of the crime. When cookingPreparation is the first stage of the crime. When cooking
wine does not yet act which is a necessary feature of thewine does not yet act which is a necessary feature of the
objective side of the offense. Legislator in Art. 14objective side of the offense. Legislator in Art. 14
Criminal Code of Ukraine establishes the exhaustive listCriminal Code of Ukraine establishes the exhaustive list
of acts which have to cook crime. Preparation of theof acts which have to cook crime. Preparation of the
crime: a) quest means or instruments for committing acrime: a) quest means or instruments for committing a
crime; b) adaptation of means or instruments forcrime; b) adaptation of means or instruments for
committing a crime; c) quest accomplices; d) conspiracycommitting a crime; c) quest accomplices; d) conspiracy
to commit a crime; e) removing obstacles; g) otherto commit a crime; e) removing obstacles; g) other
intentional creation of conditions to commit a crime.?intentional creation of conditions to commit a crime.?
The current Criminal Code of Ukraine exempt fromThe current Criminal Code of Ukraine exempt from
criminal responsibility for preparation of a minor offensecriminal responsibility for preparation of a minor offense
(part. 2 Article 14 of the Criminal Code of Ukraine(part. 2 Article 14 of the Criminal Code of Ukraine

13. Za.ya.ho.ch to commit a crime is a person with direct intentZa.ya.ho.ch to commit a crime is a person with direct intent
actions (or inaction) directly aimed at committing a crimeactions (or inaction) directly aimed at committing a crime
under the relevant article of the Criminal Code ofunder the relevant article of the Criminal Code of
Ukraine, if this crime was not brought to an end forUkraine, if this crime was not brought to an end for
reasons not dependent on his will (part. 1, Art. 15 of thereasons not dependent on his will (part. 1, Art. 15 of the
Criminal Code of Ukraine).Criminal Code of Ukraine).
Types attempt to commit a crime:Types attempt to commit a crime:
1) attempt ended: 2) unfinished attempt.1) attempt ended: 2) unfinished attempt.
Attempted crime is complete if the person has completedAttempted crime is complete if the person has completed
all actions deemed necessary to bring the crime to theall actions deemed necessary to bring the crime to the
end, but the crime was not completed for reasons thatend, but the crime was not completed for reasons that
are not dependent on his will. For example, a wineare not dependent on his will. For example, a wine
acquired firearms to kill a person, hid in ambush, fired,acquired firearms to kill a person, hid in ambush, fired,
but missed or only wounded the victim. Attempt tobut missed or only wounded the victim. Attempt to
commit a crime is pending if a person for reasons that docommit a crime is pending if a person for reasons that do
not depend on it will have done all actions deemednot depend on it will have done all actions deemed
necessary to prove the crime to an end. For example, anecessary to prove the crime to an end. For example, a
thief entered the house, but did not steal anything,thief entered the house, but did not steal anything,
because he was detained.because he was detained.

14. According to part. 1, Art. 13According to part. 1, Art. 13
Criminal Code of UkraineCriminal Code of Ukraine
recognized the completedrecognized the completed
crime act, which contains allcrime act, which contains all
the elements of a crime underthe elements of a crime under
the relevant article of thethe relevant article of the
Criminal Code of Ukraine. It isCriminal Code of Ukraine. It is
extremely important with theextremely important with the
end of the definition of theend of the definition of the
crime.crime.
In connection with this release:In connection with this release:
1) crimes of material1) crimes of material
composition;composition;
2) crimes of formal2) crimes of formal
composition;composition;
3) crimes truncated (cut3) crimes truncated (cut
down) composition.down) composition.

15. In the case of the crime of materialIn the case of the crime of material
composition complete offense will becomposition complete offense will be
considered from the date when it wasconsidered from the date when it was
specified in the relevant article of thespecified in the relevant article of the
Criminal Code of Ukraine socially dangerousCriminal Code of Ukraine socially dangerous
consequence. For example, a person withconsequence. For example, a person with
death murder (art. 115 of the Criminal Codedeath murder (art. 115 of the Criminal Code
of Ukraine).of Ukraine).

16. Crimes of formal composition is finished after making theCrimes of formal composition is finished after making the
corresponding actions (or inaction). For example,corresponding actions (or inaction). For example,
disclosure of state secrets (part. 1, Art. 328 of thedisclosure of state secrets (part. 1, Art. 328 of the
Criminal Code of Ukraine) is complete since theCriminal Code of Ukraine) is complete since the
disclosure of information constituting a state secret,disclosure of information constituting a state secret,
espionage (Art. 114 of the Criminal Code of Ukraine) -espionage (Art. 114 of the Criminal Code of Ukraine) -
from the transfer or collection to transfer to a foreignfrom the transfer or collection to transfer to a foreign
state, foreign organizations or representatives ofstate, foreign organizations or representatives of
information constituting a state secret. The responsibilityinformation constituting a state secret. The responsibility
for these crimes occurs regardless of whether they resultfor these crimes occurs regardless of whether they result
in real damage was caused to the state or not.in real damage was caused to the state or not.

17. Crimes of the truncated structure - a kind of crime inCrimes of the truncated structure - a kind of crime in
the formal structure, so they are also consideredthe formal structure, so they are also considered
finished since the commission of the relevantfinished since the commission of the relevant
offense. Feature them is that the legislator tolerateoffense. Feature them is that the legislator tolerate
crime at the end stage of preparation of a crime orcrime at the end stage of preparation of a crime or
an attempt to stage the crime. For example,an attempt to stage the crime. For example,
banditry (st.257 Criminal Code of Ukraine)banditry (st.257 Criminal Code of Ukraine)
considered complete since the organization of theconsidered complete since the organization of the
armed gangs to attack the enterprises, institutions,armed gangs to attack the enterprises, institutions,
organizations or individuals.organizations or individuals.

18. In criminal law institute provides voluntary renunciation ofIn criminal law institute provides voluntary renunciation of
proving the crime to an end. Voluntary refusal in unfinishedproving the crime to an end. Voluntary refusal in unfinished
crime is permanent end they would face preparation of acrime is permanent end they would face preparation of a
crime or attempted crime, provided that it is aware of thecrime or attempted crime, provided that it is aware of the
opportunity to bring the crime to the end (part. 1, Art. 17 of theopportunity to bring the crime to the end (part. 1, Art. 17 of the
Criminal Code of Ukraine). Voluntary abandonment of provingCriminal Code of Ukraine). Voluntary abandonment of proving
the crime to the end can occur for various reasons, forthe crime to the end can occur for various reasons, for
example. Repentance, fear of threats of criminalexample. Repentance, fear of threats of criminal
responsibility, awareness of the wrongfulness of the act, etc.responsibility, awareness of the wrongfulness of the act, etc.
A person who has voluntarily refused to bring the crime to theA person who has voluntarily refused to bring the crime to the
end shall be criminally liable only if it acts actually committedend shall be criminally liable only if it acts actually committed
the composition contains other crime.the composition contains other crime.
Signs of voluntary renunciation of the proof of the crime by theSigns of voluntary renunciation of the proof of the crime by the
end of is:end of is:
1) permanent end face preparation of a crime or attempted1) permanent end face preparation of a crime or attempted
crime;crime;
2) the refusal of the crime must come from the will of the person;2) the refusal of the crime must come from the will of the person;
3) the presence of perceived opportunities to continue and bring3) the presence of perceived opportunities to continue and bring
crime to an end.crime to an end.

19. However, if the person refused to bring the crime to the endHowever, if the person refused to bring the crime to the end
because of actual impossibility of its successfulbecause of actual impossibility of its successful
conclusion, it can not be regarded as having voluntarilyconclusion, it can not be regarded as having voluntarily
renounced the crime would bring to an end, because itrenounced the crime would bring to an end, because it
takes place not voluntary but forced abandonment, thattakes place not voluntary but forced abandonment, that
attempted crime. Hook, for example, a person hasattempted crime. Hook, for example, a person has
decided to kill another person found a firearm anddecided to kill another person found a firearm and
ammunition, tried to offer the shot, but when a shot gunammunition, tried to offer the shot, but when a shot gun
gave misfire due to a malfunction. Voluntary refusal maygave misfire due to a malfunction. Voluntary refusal may
be in the stages of preparation for a crime and attemptedbe in the stages of preparation for a crime and attempted
crime.crime.

20. Thank you!Thank you!