Concept and Types of Inflicting in Criminal Law
Abstract
The article is devoted to legal nature of causing in criminal law. Penal infliction, being an independent criminal phenomenon, is regarded from the point of crime, excluding criminal responsibility or decriminalizing acts resulting in harm socially important and socially significant changes in social relations protected by criminal law. It is differing concepts such as «object of criminal legal protection» and «object of crime». It is stated that a criminal act leads to producing harm to the object of criminal law protection and the object of the crime; for excluding criminal responsibility and decriminalization act — only in the object of criminal legal protection. Socially significant harm as the object of legal protection and social change in the object of legal protection recognized by the signs of causing. It is proposed the terms «criminal consequences», «criminal result», «socially dangerous consequences», «social threat score» to use in the context of signs of the objective side of the crime and of crime; the terms «criminal injury», «threat of public harm» — signs of the object of the crime. It is formulated the author's own definition of inflicting in criminal law. The author's version of infliction is divided into three main types: criminal infliction; non-criminal (excludes criminal liability and decriminalization) causing; mixed (special) damages. The basis of the classification is to establish the negative impact of the act is inflicting on the public relations protected by the criminal law. Criminal infliction means act that is characterized by the signs of crimes and offences specified in the Criminal Code of the Russian Federation. Impregnable infliction consists of: for excluding criminal responsibility acts is governed by article 10, part 2, articles 14, articles 20, 21, 28, 37-42 of the Criminal Code, and decriminalizing acts that caused significant social harm and social change in the object of criminal law protection. Mixed causing consists from acts combining the characteristics both criminal and non-criminal types of causing. Mixed infliction is presented by two differing types, that is mediocre and not careful causing.
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