Stages of intentional crime. Experience - Definition and Species. Criminality of preparation and experience.

 

 

A crime has been completed when all the objective and subjective signs of a crime conspiracy have been carried out. In the case of a completed crime, the question of the stages of criminal activity is not put at all, it absorbs all possible stages. However, it is not always the case that the crime is finally completed.

Are punishable offenses punishable? Yes, but with a number of features:

1. Non-objectified psychic experiences, as they do not represent an externally expressed will, can not be treated as stages in the commission of a crime - they are generally non-incendiary;

Stage 2 is not the case with negligent crimes and those with possible intent.

Criminal law sets two stages in the realization of a deliberate crime until its completion: preparation and experience.

Preparation is to collect and prepare funds, to find accomplices and to create conditions for committing a deliberate crime before it has begun its implementation. It is possible only if there is a direct intention. Objectively, preparation is a prior criminal activity that precedes the execution of the executive act envisaged in the composition, which includes the activities mentioned in the text aimed at ensuring the actual execution of the act and ensuring its consequences. With these activities, the crime object is not only not injured, but it is still not in danger. That is why the preparation is punishable only in the cases provided for by the law (321 para 6?). Sometimes a person who has been prepared for a crime is refused by his own initiative. In the case of punishable offenses, the legislator provided for a personal ground for exemption from criminal liability: in case of voluntary refusal.

Experience is the commencement of a deliberate crime where the act of execution has not been completed or, even though it has been completed, the consequences of this crime have not been provided for by the law and are demanded by the perpetrator. From a subjective side, it is only a matter of direct intent. From an objective point of view experience represents the implementation of the act itself. The beginning of this performance is the beginning of the experience. We distinguish two types of experience:

1.complete - when the execution act is not completed to the extent that it can cause the compositional result to occur.

2.complete experience - when the execution act has been completed, but the required compositional effects have not yet occurred or, due to the intervention of other objective factors, it can not cause them to occur. (possible only for resultant offenses)

Here too, the legislator stimulates the self-denial of experience-on its own inducement, and not because of the interference of external factors that can eradicate the likelihood of the consequential consequences. Difference: While there is sufficient willingness to abandon unfinished experience, it is sufficient for the self-motivated entity to refrain from completing the crime, then it is not sufficient for a voluntary denial of completeness. It is also necessary to carry out the active activity of the offender, prevention of the composite effects.

Experience is generally punishable by the penalty provided for a completed crime, taking into account the degree of realization of the intent and the reasons why the offense has remained incomplete. Unwise experience is not punished if it does not create a real danger (due to totally inefficient ordinances, non-existence of the object).

In fulfilling the required prerequisites the subject is exempted from criminal responsibility for the experience or preparation. He only responds if the act contains the signs of another crime, but only for him.