Concept and Types of Inflicting in Criminal Law

Abstract

The article is devoted to legal nature of causing in criminal law. Penal infliction, being anindependent criminal phenomenon, is regarded from the point of crime, excluding criminalresponsibility or decriminalizing acts resulting in harm socially important and sociallysignificant changes in social relations protected by criminal law. It is differing concepts suchas «object of criminal legal protection» and «object of crime». It is stated that a criminalact leads to producing harm to the object of criminal law protection and the object of thecrime; for excluding criminal responsibility and decriminalization act — only in the objectof criminal legal protection. Socially significant harm as the object of legal protectionand social change in the object of legal protection recognized by the signs of causing. Itis proposed the terms «criminal consequences», «criminal result», «socially dangerousconsequences», «social threat score» to use in the context of signs of the objective sideof the crime and of crime; the terms «criminal injury», «threat of public harm» — signs ofthe object of the crime. It is formulated the author’s own definition of inflicting in criminallaw. 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 isinflicting on the public relations protected by the criminal law. Criminal infliction meansact that is characterized by the signs of crimes and offences specified in the CriminalCode of the Russian Federation. Impregnable infliction consists of: for excluding criminalresponsibility acts is governed by article 10, part 2, articles 14, articles 20, 21, 28, 37–42of the Criminal Code, and decriminalizing acts that caused significant social harm andsocial change in the object of criminal law protection. Mixed causing consists from actscombining the characteristics both criminal and non-criminal types of causing. Mixedinfliction is presented by two differing types, that is mediocre and not careful causing.
For citation: Yanina I. Yu. (2019) Concept and Types of Inflicting in Criminal Law. Pravo. Zhurnal Vysshey shkoly ekonomiki, no 3, pp. 117–137 (in Russian) DOI: 10.17-323/2072-8166.2019.3.117.137