Subject of crime
Subject matter of the crime in its content, asthe rule is real and material. Specified in the composition of the act, it is subject to precise determination. To avoid mistakes in the qualification of the composition of the act, it is necessary that the crime subject be strictly defined. For example, it may be difficult to correctly establish the basis of liability for the illegal use of a trademark, if you do not have knowledge of what it is.
This or that crime subject has those orother features. However, the differences themselves may not be very noticeable, however, they have an influence on the legal consequences. For example, illegal fishing in the sea of fish constitutes an ecological crime. If the fish is illegally caught in a private pond, then property rights are violated here. Fish, as a crime, in the first case is a natural object. In the second case, it is private property.
The subject of a criminal act may have an impact not only on the qualification, but also on the degree of danger of the committed action. This is taken into account in the individualization of punishment.
It is necessary to clearly understand the difference betweenobject, means or instrument of crime. The gun is the one by which the effect on the object is effected. Not always means is indicated as a sign of the composition of the act. For example, sometimes it does not contain a criminal offense - intentional homicide. Although, as a rule, murder is committed with the help of specific means.
Thus, the crime subject ismaterial education that acts as an individualized spokesman and bearer of one or another social value and determines the direction of the act. Its properties, as well as the characteristics of the object of the act, have an effect on the nature of the harm that is inflicted. The consequences, as a rule, depend on the nature of the object and the object of the crime. So, for example, when exposed to the human body, it is quite natural to talk about harm to health, death, pain and other similar changes.
Given that a person is a being notonly physical, but also mental, his psyche can also act as a crime subject. Thus, under the influence on it, there are likely to be consequences such as the suppression of volitional functions in the mind, the urge to commit or abstain from doing any actions, and so on.
The content of the object and the object is able to determinecharacter (force, means or method) of influence, which can provoke changes in them (the object or the object). So, for example, it is impossible to kill a mentally normal adult person if you send him to the street to walk, hoping that his car will drive him. In this case, the degree of probability of implementing the plan is too low. In fact, the consequences can be the results of the actions of any forces or the deceased. The situation can change. The degree of probability may increase if one assumes that the deceased was mentally ill, and earlier he had a tendency to ignore traffic.
In the crime, except objects, funds andsubjects, including such a thing as a subject. It should be noted that all individual properties can not be fully reflected in legislative and theoretical constructions. However, within the framework of the theory of law, the most typical characteristics of a criminal's personality are determined - the signs of a crime subject. Their minimum aggregate is necessary to hold them accountable. In other words, if there is at least one of the signs in the subject, then the crime will not be present.