An Object of Criminal Legal Protection and Object of a Crime: an Interrelation and Criminal-Law Significance

Abstract

The article challenges the current notions in the legal literature about the identity or insignificance of the differences of the object of criminal law protection and the object of a crime. In this regard, an attention is focused on the specifics of the functions performed by them as part of a crime. The authors argue that a crime causes and can cause harm only to what is put under criminal law protection. Advocating the non-identity of concepts of criminal harm and criminal consequences, the authors conclude that there are significant differences not only in scope, but also in the content of the concepts of the object of criminal law protection and the object of crime. The first one always reflects some value able to meet someone’s needs and is exposed to illegal influence (treatment), and thus needs criminal law protection. The second one characterizes the person to whom these values belong, and to whom illegal handling of such values causes or is capable of causing criminal harm.