Problems Of The Classification Of The Elements Of Crimes Against Persons (Section II-V Of Special Part Of Criminal Code Of Ukraine)

Abstract

The author insists on the necessity of crime elements classification, which will contribute to their further thorough study. However, the criteria identification for the above-mentioned classification process is problematic.

In scientific literature, the most wide-spread approach to it is splitting up the elements of crime into types taking into consideration the corpus delicti characteristics. Accordingly, there is a suggestion to split up crime elements into the ones that demonstrate objective crime features (subject of crime, victim, and objective side) and the ones that mark subjective crime features (the perpetrator and the subjective side). Due to the fact that some elements can mark several characteristics of the corpus delicti at the same time, they should be splitted into simple and complex.

Criminal legal science identifies not only general elements, but also specific elements that show an increased level of public danger and entail a more severe punishment. According to the author, this split is rather contingent because it exists only within one article of a special part of Criminal Code where general and special elements of one crime are provided. Nevertheless, splitting up crime elements into types of crime helps identify their features, nature, and development trends, which can ensure accurate classification of the offense and a just punishment for the offender.