The Criminal Code is ... The Structure of the General and Special Part of the Criminal Code

The main source of criminal law is the Criminal Code. Art. 1 of this normative act fixes this provision. The article also found that the new rules providing for criminal punishment should be included in it. Accordingly, no other acts, judicial precedents, and customs can not serve as sources of criminal law. A similar rule applies to the decisions of the Plenum of the Armed Forces. These documents can not create new norms. . They are intended only for disclosure, clarification of already existing provisions of this or that part of the Criminal Code .

CS Structure

Since 01.01.1997, the Criminal Code has been updated in the Russian Federation . нормативный акт включает в себя 360 статей, объединенных в 34 главы и 12 разделов. This normative act includes 360 articles, united in 34 chapters and 12 sections. In the current CC there are 2 parts: Special and General. The latter outlines, as the name suggests, the general concepts, provisions that the Criminal Code contains . необходимо для правильного применения Особенной части УК. This is necessary for the proper application of the Special Part of the Criminal Code. And in it, in turn, fixed specific types of illegal acts and punishments for them.

Specificity

Parts of the Criminal Code are interrelated with each other. основания и порядок привлечения лиц к ответственности, условия освобождения граждан от наказания. The general provisions of the Criminal Code are the grounds and procedure for bringing persons to justice, the conditions for the release of citizens from punishment. In addition, it establishes the stages of committing encroachments, the circumstances in which there is excluded the crime of the act, the form of guilt, and so on. However, the General part can not be properly applied without Special. Otherwise, the tasks fixed in it would not have been realized. After all, the recognition of a specific assault and the establishment of punishment for it are determined by the Special Part.

Parts composition

There are 6 sections in the General part. They include 15 chapters containing a total of 104 articles. In the Special part there are also 6 sections. However, there are 19 chapters in it, and 266 articles. The allocation of sections of the General Part is carried out depending on the concept disclosed. For example, Sec. "Преступления". II of the Criminal Code - is "Crime." In the Special Part, the division is carried out by the generic object of crime. For example, Sec. "Преступления против личности". VII of the Criminal Code is "Crimes against the person". In each section there are chapters, and in them there are articles. The latter, in turn, consist of parts. They are indicated by Arabic numerals. Parts of the articles are divided into paragraphs. They are designated by letters, for example, item "а", ч. 2 ст. 112.

Nuance

It should be said about one important feature of the General part. It consists in the fact that the structure does not distinguish elements of criminal law. Only some articles contain a hypothesis. In the norms of the Special Part, both disposition and sanction are clearly indicated. But there is no hypothesis in them.

Act of Law

The general part of the Criminal Code of the Russian Federation defines rules for the operation of norms in space and time. The latter is that the punishability of criminal acts is determined by the law that existed at the time of their commission. The relevant provisions fix 9 and 10 of the Criminal Code. In accordance with the rule, the new law can not be applied to an encroachment committed before its entry into force. As the Constitution establishes, unpublished normative acts of sale are not subject. The law in space is based on the principle of citizenship and territoriality. The latter assumes that the subject who committed the unlawful act within the Russian Federation should be held accountable under domestic law. Military vessels are considered the territory of Russia, regardless of where they are. The principle of citizenship implies that a citizen of Russia, irrespective of the place of his stay when committing an offense, is held accountable under domestic law. A similar rule applies to servicemen, unless another is fixed by an international agreement.

Time of committing an act

As it, according to the Criminal Code, is the time when unlawful actions are carried out, regardless of the term of the consequences. Meanwhile, the law fixes such a notion as a continuing crime. It means that unlawful actions are committed continuously. In the event of a change in the penal legislation, the responsibility for such a crime is coming under the new norms. This is due to the fact that the encroachment continues even after the amendments to the law are approved. An example of a continuing crime can be considered the possession of weapons in violation of established rules.

Retroactivity

It is allowed as an exception. The retroactivity of the law is applied if it eliminates the criminality of actions, mitigates sanction, or otherwise improves the situation of the perpetrators. This assumption extends to the subjects who committed the encroachment before the entry into force of the norms. This possibility is conditioned by the principles of humanism. At the same time, there is a special indication in the Criminal Code that a law that worsens a citizen's position does not have a retroactive effect.