The penal code is a... the Structure of General and Special part of the criminal code

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2018-11-04 10:00:32

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The Main source of criminal law acts as The criminal code. St. 1 of the regulation reinforces this position. The article also establishes that the new norms providing for criminal penalties, should be included in it. Accordingly, no other acts, judicial precedents, and customs may serve as sources of criminal law. The same rule applies in respect of decisions of the Plenum of the armed forces. These documents cannot create new rules. They are intended only for disclosure, clarification of existing provisions of an Penal code. the criminal code is a

Structure UK

From 01.01.1997, In Russia there is updated The criminal code. This normative act includes 360 articles combined into 34 chapters and 12 sections. The current criminal code has 2 parts: Special and General. In the latter set out, as the name implies, General concepts, position, which contains the criminal code. This is necessary for proper application of the criminal code. And it, in turn, deal with the types of unlawful acts and penalties.

Specifications

Part of the criminal code interrelated with each other. General provisions The Criminal code – The grounds and procedure for bringing individuals to justice, the conditions for exemption of citizens from punishment. In addition, it set the stage harassment, the circumstances, the presence of which exclude the criminality of an act, the form of guilt and so on. However, a Common part can be correctly applied without Special. Otherwise would not have been realized the problem, fixed it. After recognition of the specific violations and setting penalties for it are defined in the Special part. criminal code of the Russian

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Units

In the General part there are 6 sections. They include 15 chapters, containing a total of 104 articles. The Special part is also 6 sections. However, the chapters in it 19, and of articles – 266. The allocation of sections of the General part is dependent on the disclosed concepts. For example, in sect. II The Criminal code – "Crime". In the Special part of the division is on the generic object of the crime. For example, in sect. VII The Criminal code – "Crimes against persons". In each section, there are chapters, but they – articles. The latter, in turn, consist of parts. They are marked with Arabic numerals. Of the articles are divided into paragraphs. They are represented by letters, for example, paragraph "a", part 2 of article 112.

Caveat

It is necessary to tell about one of the important features of the General part. It consists in the fact that in the structure not allocated to the elements of criminal law. Just some of the articles contains a hypothesis. The rules of the Special part is clearly labeled and disposition, and sanction. But the hypothesis is absent. part of the criminal code

The law

The General part of the Criminal code of the Russian Federation defines the rules of the norms in space and in time. The latest is that the punishment for criminal acts defined by law, which existed in the period in which they occurred. The relevant provisions of the clips 9 and 10 article of the criminal code. In accordance with rule prohibits the application of the new law for infringement committed prior to its entry into force. As established by the Constitution of normative acts of implementation are not subject. The law in space is based on the principle of citizenship and territoriality. The latter suggests that the subject who has committed a wrongful act in the territory of the Russian Federation should be held accountable under domestic legislation. Military vessels are considered the territory of Russia, regardless of where they are. The principle of citizenship assumes that the citizen of Russia, regardless of his place of residence during the Commission of a violation prosecuted under domestic law. The same rule applies to military personnel, unless otherwise is fixed by international agreement. the criminal code of St

The Time of the act

As it, according to the criminal code, is the moment of realization of illegal actions, regardless of the age of consequences. Meanwhile, the legislation contains such a thing as a continuing offence. It means that the wrongful act was committed continuously. In the event of a change of the criminal legislation responsibility for the offence comes under the new regulations. This is due to the fact that the infringement continues after the approval of the amendments to the law. An example of continuing crimes can be considered possession of a weapon in violation of the rules.

Selling power

It is allowed as an exception. Retroactivity of the law applied if it fixes the criminal actions, softens sanction in any other way improves the position of those responsible. This assumption applies to subjects who have committed an encroachment to the introduction of rules into force. This possibility is driven by the principles of humanism. While in the UK there is a special indication that a law which worsens the position of the citizen, does not have an inversepower.


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BE: https://tostpost.com/be/zakon/22751-krym-nal-ny-kodeks---geta-struktura-agul-nay-asabl-vay-chastk-kk.html

DE: https://tostpost.com/de/das-gesetz/22765-das-strafgesetzbuch-ist-die-struktur-der-allgemeinen-und-besonderen-te.html

ES: https://tostpost.com/es/la-ley/22784-el-c-digo-penal-es-la-estructura-general-y-la-parte-especial-del-c-dig.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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