Деление составов преступлений по моменту их окончания

Abstract

The article analyzes the division of corpus delicti at the moment of their completion. The author proves that this division should not be mixed up with the classification of corpus delicti for formal, material and formal-material, the criterion of which is the functional role of consequences in their structure. At the moment of their completion we offer to distinguish six autonomous types of corpus delicti, including truncated corpus delicti and elements of endangering. The article describes the characteristics of different kinds of corpus delicti. For instance, in a truncated corpus delicti, the moment of the completion is transferred by the legislator to the stage of preparation or attempt. That is why we suggest to distinguish elements of “acts-preparations” (the first subspecies of truncated corpus delicti - parts 1-3 of article 209 of the Criminal Code of the Russian Federation, etc.) and elements of “acts-attempts” (the second subspecies of truncated ones - parts 1-3 of article 162 of the Criminal Code of the Russian Federation, etc.). The article also evaluates other scientific approaches to the division of corpus delicti at the moment of their completion, the author illustrates his arguments by the examples from the Criminal Code of the Russian Federation.