The criminal code does not include concepts of subject, object of criminal law. Their definition can be derived from certain provisions of this document. In General, these terms are correctly disclosed in the theory of criminal law. The most accurate definition seems to A. I. Chuchaeva, which is reproduced in the commentaries to the codified act. Note that the notion of object, entity are fundamental to the field of criminal law, since this theory is based all the legal regulation of these social relations.
In accordance with the definition of A. I. Chuchaeva the object of criminal law are considered to be certain protected criminal law to public relations. Categories of these public relations are referred to in the special part of the Criminal code as a specific criminal act in it grouped on this basis. For these relations is assault in the Commission of any acts, omissions falling under the scope of criminal law. The object of criminal law should not be confused with the subject of encroachment, as the latter category is much more specific. In addition, the facility is one of the essential elements of any criminal act, its absence indicates the absence of the crime itself.
The concept of the subject of criminal law is also quite simple, since it implies a particular person who commits an act punishable under criminal law. In this case the person must be able to be held accountable for the crime. The last condition means that the offender person must reach the age at which responsibility for a particular act to be sane. The absence of any of the two indicated criteria makes impossible the recognition of the individual citizen a subject of criminal law. Note that subject is a mandatory component of criminal acts, so the lack of this element eliminates criminal liability. Precisely because of the characteristics of the subject of this industry, are not considered crimes, illegal actions of children, other individuals, not to understand the significance of their own actions.
What is the object of criminal law?
In accordance with the definition of A. I. Chuchaeva the object of criminal law are considered to be certain protected criminal law to public relations. Categories of these public relations are referred to in the special part of the Criminal code as a specific criminal act in it grouped on this basis. For these relations is assault in the Commission of any acts, omissions falling under the scope of criminal law. The object of criminal law should not be confused with the subject of encroachment, as the latter category is much more specific. In addition, the facility is one of the essential elements of any criminal act, its absence indicates the absence of the crime itself.
What is the subject of criminal law?
The concept of the subject of criminal law is also quite simple, since it implies a particular person who commits an act punishable under criminal law. In this case the person must be able to be held accountable for the crime. The last condition means that the offender person must reach the age at which responsibility for a particular act to be sane. The absence of any of the two indicated criteria makes impossible the recognition of the individual citizen a subject of criminal law. Note that subject is a mandatory component of criminal acts, so the lack of this element eliminates criminal liability. Precisely because of the characteristics of the subject of this industry, are not considered crimes, illegal actions of children, other individuals, not to understand the significance of their own actions.