The evolution of the concept of crime

The evolution of the concept of crime

Law of the ancient world and the Middle Ages the general concept of "crime" was unknown, it appeared only in the law of modern times. In Russian sources medieval law uses terms such as "wrong" (Russian Truth), "spirited work" (Law in 1550), "evil work" (Council Code of 1649), but they were not of the nature of the generic concept.

However, of the Penal Code of 1791 and 1810's can highlight individual characteristics of an recognized criminal activity: crime was recognized act prohibited by the criminal law under the threat of punishment, according to the principle nullum crimen sine lege. These symptoms later moved into some form in all European penal codes.

It was a formal definition of the crime, indicating the circumstances as the main determining criminality, presence of criminal prohibitions. This is not a formal definition reveals the social nature of the crime, did not answer the question of why it was considered a criminal act and is included as such in the criminal law. This approach to the definition in the XX century was the subject of doctrinal criticism: the scientists were offering tangible definition of the crime.

Material definition of the crime is different from the formal fact that it includes a sign of public danger, understood as the ability to conduct an objective harm to society.

The first piece of legislation, the prerequisites of the material definition of the crime, was the Declaration of the Rights of Man in 1789, adopted in France. In its Article 5 states that the law has the right to forbid only actions harmful to society. Later, a similar, though more concrete, definitions given by many scientists, for example, in Stifenami "New Commentaries on the Laws of England" middle of the XIX century was given a definition that goes back to William Blackstone

R. Iering called crime "ascertain law malicious attack on the living conditions of society." ND Sergeyevsky noted that "a criminal act on the content of his is an act that causes harm to society or to individuals or involving a risk of harm"

In the criminal law of the material elements of the crime for the first time embodied the adoption compiled by Anselm Feuerbach Criminal Code the Kingdom of Bavaria in 1813, which contained a definition of the crime, "All intentional violation ¬ of the law, which, because of its characteristics and size zlonapravlennosti threatened punishment ... are called crimes ".

However, most of the criminal codes of the world financial structure of the crime is usually not directly fix, used the formal definition is usually placed in the section, which contains definitions of terms used in the law.

Financial structure of the offense must be distinguished from psevdomaterialnoy, which is characterized by social danger harm extremely vaguely defined circle of relationships. Stories known example psevdomaterialnyh definitions of crime, "a crime - this is a punishable true", "crime - the act that infringes on the average measure of morality," "crime - is an act contrary to all established order", these definitions give the appearance of the interest of society at addressing the issue of the criminalization of acts, but in reality because of blurring of interests that can be compromised, it comes down to an arbitrarily-formal criminalization.

Development of new approaches to the definition of "crime" is continuing. Some authors, such as is offered in the same time we believe that the essence of the crime is not committed by the act itself, and it occurs when a socially significant relationship