Describe the types of circumstances. Mitigating and aggravating circumstances

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2018-04-13 07:00:31

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Those who are studying in the Universities in the direction of training “jurisprudence”, definitely got the job: “describe the types of circumstances”. In this work, we will consider their classification, we will discuss in detail about each. Let's start with explanations of the basic concepts.

describe the types of circumstances

It is Important to understand the difference between the concepts of “fact” and “fact”. They are often confused. The first occurs regardless of the will of man. For example, you received a summons to court after it took place. In this case we are dealing with “legal fact”. But if you committed a crime because of immoral or illegal behavior of the victim, it is “leniency”.

Circumstances and their classification

So, you got the job: “describe the types of circumstances”. We will now classify. All the circumstances fall into three categories:

  • Excluding criminality of act;
  • Mitigating;
  • Aggravating.

In this category we took another look – negative circumstances. Now very briefly about them. The definition of this concept says that any actual data that should not be, but present at the scene or on the contrary, they must be present, but they are not. Suppose the investigator arrived at the scene of the crime (murder), where he discovered the corpse and scattered belongings. So, missing any items – this is a negative circumstance, the investigator is trying to push on the wrong way.

Exception of criminal actions

types of circumstances excluding criminality of act

In this section, we consider the types of circumstances excluding criminality of act. Let's start with a definition. These are some of the circumstances in which the offence is not punishable. This group includes 6 points:

  • The crime happened inadvertently as the result of self-defense;
  • The causing of harm at detention of the criminal (in some cases (chase, shootout and so on), because the harm – it is an integral part of the detention);
  • Extreme necessity (harm the interests of other persons, with the threat of harm to personal interests of other citizens, society or state);
  • Coercion (this includes both physical and psychological coercion);
  • Reasonable risk;
  • The order of execution.

Mitigating circumstances

kinds of mitigating circumstances

In this section we will discuss the types of mitigating circumstances. In detail with this topic can be found in article 61 of the Criminal Code of the Russian Federation. According to this document, those circumstances are criminal acts that carry less harm to the society. Thus, punishment must also be softer than envisaged.

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In this category we can include:

  • Concurrence of circumstances;
  • Age;
  • Pregnancy and/or the presence of young children;
  • Difficult life situation;
  • A crime committed out of a sense of compassion;
  • Physical duress;
  • Psychological duress;
  • The crime committed as the result of extreme necessity;
  • Surrender.

If the trial lawyer fails to convince the court that the crime is a mitigating circumstance, the punishment will be milder.

Punishment

So, we try to answer the main question: “describe the types of circumstances”. Already we have considered 2 types. As for mitigating circumstances, now you how will decrease the punishment for committing criminal acts.

This information can be found in part 1 of article 62 of the Criminal Code of the Russian Federation. Briefly, it says that the maximum allotted sentence reduced by one third.

Special circumstances

types of aggravating circumstances

In this section, we consider the types of aggravating circumstances referred to in article 63 of the Criminal Code of the Russian Federation of 1996 (revision 2017). In this category include:

  • Recurrence;
  • Serious consequences;
  • Commit a crime, deliberately planned by a group of persons;
  • The activity in the Commission of a crime;
  • The involvement of other individuals (minors in alcoholic intoxication, or suffering from serious mental illness);
  • Crime motivated by racial, political hatred, and so on;
  • A crime committed out of revenge or to conceal another crime;
  • Commission of a crime against a pregnant woman, a child or other defenseless persons;
  • Particularly violent crime (sadism, torture and so on);
  • Committing a crime using any weapon, including pharmacological and psychotropic drugs;
  • A crime committed in conditions of emergency;
  • The use of his official position in committing the crime;
  • Using the documents or forms are representatives of the law;
  • Willful crime by the police;
  • Perpetrators are parents or guardians of the person in relation to which the offence was committed;
  • Cause aggravating circumstances mayto serve taken alcohol or other drugs.

Punishment

Answering the question: “describe the types of circumstances”, you must know how they affect the sentencing. As is clear from the name itself, aggravating circumstances increase the sentence of the court.

The Court aggravated seeks to impose the maximum penalty provided by law for this crime.


Article in other languages:

AR: https://tostpost.com/ar/the-law/2609-describe-the-types-of-circumstances-mitigating-and-aggravating-circums.html

BE: https://tostpost.com/be/zakon/4629-aharaktaryzuyce-v-dy-abstav-na-zmyakchal-nyya-yak-ya-abcyazharvayuc-ab.html

DE: https://tostpost.com/de/das-gesetz/4627-beschreiben-sie-die-arten-von-verh-ltnissen-mildernde-und-erschwerende.html

ES: https://tostpost.com/es/la-ley/4632-comparar-y-contrastar-los-tipos-de-circunstancias-atenuantes-y-agravan.html

HI: https://tostpost.com/hi/the-law/2610-describe-the-types-of-circumstances-mitigating-and-aggravating-circums.html

JA: https://tostpost.com/ja/the-law/2609-describe-the-types-of-circumstances-mitigating-and-aggravating-circums.html

KK: https://tostpost.com/kk/za/4630-t-rler-n-sipatta-yz-m-n-zhaylar-zhe-ldetet-n-zh-ne-auyrlatatyn-m-n-zha.html

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PT: https://tostpost.com/pt/a-lei/4630-descreva-os-tipos-de-circunst-ncias-atenuantes-e-as-circunst-ncias-agr.html

TR: https://tostpost.com/tr/hukuk/4635-oharakterizuyte-t-r-durumlar-hafifletici-ve-a-rla-t-r-c-durumlar.html

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Alin Trodden - author of the article, editor
"Hi, I'm Alin Trodden. I write texts, read books, and look for impressions. And I'm not bad at telling you about it. I am always happy to participate in interesting projects."

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