An unfinished crime is a certain type of action or inaction, which is characterized by intent and danger. Moreover, it has an unfinished character, that is, the crime ended at the initial stage. Finished and unfinished crimes are definitions that correlate in their sense.
General concepts
A crime becomes incomplete if the process of committing it stopped at the preparatory stage, that is, there is a fact of an attempted offense. Often this concept is considered the initial criminal activity, begun but not completed, that is, this is a kind of unsuccessful attempt to commit an offense. In the case of the implementation of such activities, the objective side of the crime remains untouched, but the responsibility for the unfinished crime is still implied. Such a factor makes the definition look like a completed atrocity, where the initial stage is exactly the same andthe result is basically the same. But there is a big difference between a completed and an unfinished crime. This is so because for the first, all aspects of the process of committing an offense are fully realized. But the latter remain at the initial stage.
Unfinished crime - what is it?
Thus, this definition refers to the motive and preparation for the commission of an offense, but the object of the crime is not harmed. Activity stops due to some reasons, to which the offender may not have anything to do.
The offense is committed when the offender is active. That is, some, even initial actions are taken, as well as when it is inactive. That is, one of the stages - this is preparation or the attempt itself - is completely excluded. Or, in case of complete inaction, none of the options may arise. An unfinished crime is in any case an offense for which punishment is subsequently imposed. Despite the fact that the main part of the commission of the act is not affected. The sentencing for an unfinished crime can be different, it all depends on the details of the case itself.
The essence of the concept
Completed and unfinished crimes have their own specifics. The first concept is an action or inaction, which is supported by all indicators of the implementation of the crime. Thus, if a person has a certain motive, there is not only the subject of the offense, but also the object, is the result of the act, then the crime can be consideredcompleted.
The concept of an unfinished crime involves only the initial stage of committing a crime, that is, the motive and preparation for committing an offense. This is the end of the unfinished crime. It is important that the crime was not committed due to voluntary refusal or for reasons beyond our control.
The consequence of an imperfect atrocity is the absence of damage to the object. There are a number of variations when a person will be punished for an unfinished crime, even if he refused of his own free will.
Probable difficulties
Significant difficulties are the distinction between the concepts of voluntary renunciation of the process of committing an atrocity and an unfinished offense. In particular, in legal proceedings, this moment causes a number of difficulties.
When a person's refusal is of his own free will, he must stop preparing to commit the offense, and he must also decide that this is what he really wants. Moreover, it is important that everything be voluntary, that is, a potential criminal must understand that likely actions will cause harm, and he does not want this, even having all the opportunities for this.
It is this awareness that is important, because most of the malefactors, being afraid of getting punished, also stop the process of action, and also of their own free will. As a result, the plan matures in their heads and may well be completed in the future.
That is, the court must take into account the fact that a person really realized his position, that is, conscience, morality, competence do not allow him to commit a crime. This isa motive is called, which can be in the form of complete repentance or awareness of the illegality of one's activities.
The main causes of an unfinished crime are fear, non-existent gain, interference from others, or insufficient physical or mental preparation.
Stages of unfinished crime
An unfinished deed has its stages, which are already known, but it is important to understand what they include.
Preparation for a crime - the main and primary stage, which involves the search for tools in order to commit a crime. Also, this stage includes the search for like-minded people, accomplices in the crime, counting the time and choosing a place.
The process of search, research involves the acquisition (by any option) of weapons by illegal means. Also, the criminal can make a weapon on his own.
Plus, the attacker can use other tricks to successfully accomplish his idea, he studies the victim, monitors his daily routine, prepares an alibi, acquires all the necessary items - clothes, shoes, bags, etc.
An attempt is the stage following the preparation, which is characterized by the fact that the offender carries out his atrocity, but in an unfinished offense it does not develop to the end, it breaks off.
Types of attempts
Types of unfinished crime include completed or unfinished assassination attempts.
Completed assumes the full implementation of all planned actions, but the result is not achieved for reasons that the violatorit does not matter. This happens if a person chooses the wrong victim, who, for example, was able to protect herself.
The concept and types of unfinished crime are close definitions, because the concept includes the classification of such violations. For example, the concept says that this is an action or inaction that stopped at the initial stage of committing a crime. There are two types of such a crime, respectively - active and passive.
Signs
- The presence of some intent, so the crime is carefully prepared. If a person was in a state of passion or has mental disorders, then he often had no such intention.
- The attacker must have tools to commit the crime, as well as various things and tools.
- Constant discussion of the atrocity with partners in crime that takes place regularly.
Qualification specifics
Qualification of an unfinished crime implies the presence of its own characteristics, specifics.
It could be, for example, the manufacture of edged weapons, which is considered a serious crime. Or a person acquires a weapon with the appropriate documents, but not for spending leisure time on a hunt, but for a potential offense. That is, this is already considered the initial stage of a crime - preparation, and this is already a criminally punishable act.
Qualification features:
- shows actuallythe stage where the development of the offense stopped;
- indicates that the motive of the attacker must be proven, otherwise the crime will become incomplete;
- in the absence of a significant result, the entire act will already be assessed as an attempt;
- if the primary stages include additional villainy, then in the end the responsibility for the unfinished or completed crime will be calculated in the aggregate of offenses;
- if a person voluntarily refuses to commit an atrocity, while repenting, then everything is regarded taking into account the article "voluntary refusal";
- some types of unfinished crimes may be completely unremarkable and not dangerous to society, therefore they are evaluated differently;
- this is also an incompleteness due to reasons that have appeared that are not related to the attacker.
Foundations
The grounds for sentencing for an unfinished crime are:
- A perfect deed, in which all the features of villainy are present, that is, motive, object, subject, etc.
- Reasons due to which the attacker could not finish the job he started.
- Potential harm to society and its members, and this is the reason for the imposition of a serious punishment.
- If absurd methods were used to commit a crime, such as conspiracies or rituals, then this does not entail punishment.
- If absolutely or intended to commit a particularly graveoffense. Provided that this is preparation for a simple and petty theft, no punishment will be issued.
Punishments
For an unfinished crime, special punishments are prescribed in the Criminal Code, where everything depends on the components of the case.
All actions are correlated with the possible damage that an attacker could cause.
- Responsibility for not particularly grave and serious violations can be assessed at half the term of the punishment for the completed crime.
- 2/3 parts of the term from a full-fledged offense, if the act is of a serious, especially grave nature.
- For an act not completed, there is no serious pen alty of life imprisonment.
- If a person repents and receives a verdict of "voluntary refusal", then he may well not receive any criminal punishment, but limit himself to only an administrative one.
Court practice
It is quite difficult in judicial practice to deal with cases that were stopped at the initial stage, because all the evidence available is based on the evidence obtained.
Let's say a person buys a safe-opening tool, and it is not considered a violation, even if he had an intention, because the purchase itself does not carry anything.
If a person spontaneously confesses his desire, then this is also not a serious reason, since at any moment the violator can taketheir words back, and the case will not be de alt with.
Today, monitoring of potential violators is practiced in order to immediately stop all possible consequences. As a rule, in such cases, the act does not even reach the first stage, but remains only in the thoughts of the attacker.
The courts in this regard are guided only by qualifications, therefore, if at least one of the stages of villainy has been completed, the person is already sentenced depending on the crime.
When issuing an opinion, judges must take into account the motives of the offender, as well as all the existing features of his activities. In this case, the most objective verdict will be given.
