Plurality of crimes
The multiplicity of crimes iscase, if one person has committed several of those (for example, more than two). Just note that in this case the presence of criminal record does not matter.
The plurality of crimes has the following features:
- A person must commit more than two separate crimes.
- Only those offenses that have not lost their legal significance are taken into account. It means that the limitation period for them has not expired yet, an act of amnesty has not been issued, and so on.
- Crimes should be establishedsolely by a court verdict. The person who committed a socially dangerous act, but whose criminal case was terminated for one reason or another, is not recognized as having committed a crime.
- Not only completed, but also unfinished crimes are taken into account.
Composite, continuing, continuingcrime is not a form of plurality of crimes. The term "continued" refers to a single offense directed solely at one object committed by a number of similar actions. The goal remains the same. The plurality of crimes has nothing to do with it.
Continuing continues uninterruptedly some kind ofa certain period of time. For the sake of clarity, we note that it has the character of a process. A compound crime is obtained from two separate actions. As an example, we can call robbery, which is the infliction of harm to the health associated with theft.
Types of plurality of crimes
There are two. It's about the totality of crimes and about relapse.
On the aggregate speak in the event that the acts are committed by a person who was not previously convicted under any article of the Criminal Code.
In this case, the multiplicity of crimes has the following features:
- one person must commit more than two crimes;
- each of them is committed before conviction for any (at least one);
- The crimes must be qualified by various articles of the Criminal Code or in separate parts of one article.
The collection is divided into two types. It can be ideal or real. Under the latter is understood the commission of several crimes by a person. Under the totality of ideal means the commission of one act, the responsibility for which is provided for by several parts of the Criminal Code.
The plurality of crimes also has a form, such as a relapse. It means the commission of new acts by a person who previously violated the criminal law and was convicted of it.
The signs of relapse are as follows:
- Only those crimes are considered that are at the basis of which intent is committed;
- the previous conviction is taken into account only unpaid (not taken);
- there must be at least two separate crimes.
By itself, relapse can be particularly dangerous, simple, and also dangerous.
The degrees of danger depend on the nature of thecommitted crimes, the number of convictions and so on. Do not take into account those of them that the person committed before the age of eighteen. Also, the crimes that have a small degree of severity are not taken into account, and those whose punishment was imposed conditionally, there was a postponement of punishment.
What is a previous conviction? It is understood as a special legal status of persons sentenced by a court to criminal punishment. The moment of its occurrence is sentencing. It is removed after a certain time after serving the sentence. In cases of conditional conviction, it is withdrawn on the day when the term of this conviction ends. The person from whom the conviction was withdrawn is recognized as illegitimate. What is its meaning and meaning? Particular emphasis should be placed on the fact that it is a serious aggravating circumstance.