Special Approaches to Understanding Some Individual Complex Crimes and the Rules for their Qualification
- Authors: Garbatovich D.A.1
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Affiliations:
- Ural Branch, Russian State University of Justice
- Issue: No 2 (2025)
- Pages: 62-74
- Section: Criminal law studies
- URL: https://medbiosci.ru/2072-909X/article/view/364452
- DOI: https://doi.org/10.37399/issn2072-909X.2025.2.62-74
- ID: 364452
Cite item
Abstract
Тhe approaches used in judicial practice and the criteria for assessing some individual complex crimes do not correspond to the doctrinal provisions of the classification of these crimes, as a result of which modern judicial practice is not always characterized by the uniformity of application of the criminal law.
Purpose of the study: to reveal the features of individual approaches to understanding some individual complex crimes, their qualification rules.
Objectives of the study: 1) analyze the rules for qualifying crimes with an alternative composition and the features of calculating the statute of limitations in relation to them; 2) consider the peculiarity of the qualification of certain types of crimes with the totality of crimes taken into account by the legislator; 3) study the legal nature of the actual end of a continuing crime; 4) identify the features of the qualification of ongoing crimes.
The study allowed us to formulate a number of conclusions. The condition for the effective application of the norms of criminal law as a stage of legal regulation is the uniform use of the rules for the qualification of crimes, a unified understanding of the nature of single complex crimes. When qualifying single complex crimes, it is necessary to take into account their following features. The commission of two or three actions that are part of a crime with an alternative composition does not always imply the qualification of what was done as a single complex crime. Some crimes formulated as crimes with an alternative composition have a different qualification rule: the commission of two or more actions that are part of a crime with an alternative composition is qualified as a set of crimes (for example, Art. 228.1 of the Criminal Code of the Russian Federation).
A crime with an alternative composition has several periods of limitation for criminal prosecution, the number of which depends on the number of acts that are part of the crime with an alternative composition. The statute of limitations for criminal liability is calculated independently in respect of each action.
The qualifying sign “in relation to two or more persons” should be applied uniformly to all crimes in accordance with the available explanations of the Plenum of the Supreme Court of the Russian Federation (hereinafter referred to as the Plenum of the Supreme Court of the Russian Federation) on specific types of crimes, regardless of the fact that in relation to some category of cases, the Plenum of the Supreme Court of the Russian Federation has not given such an explanation.
The detention of a person as an example of the actual end of a continuing crime does not always mean that: 1) the act is actually interrupted; 2) the object of criminal legal protection is no longer under threat; 3) the act cannot be completed. The legal moment of the end of the ongoing crime is not always the time of the last identical act, the moment of the end may be: 1) the moment of the first identical act; 2) the moment of the last identical act; 3) the moment of the identical act, which is neither the first nor the last.
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About the authors
Denis A. Garbatovich
Ural Branch, Russian State University of Justice
Author for correspondence.
Email: garbatovich@mail.ru
Candidate of Science (Law), Associate Professor, Deputy Director for Scientific Work, Head of the Criminal Law Disciplines Department.
Russian Federation, ChelyabinskReferences
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