Rules of qualification of the complex single offence

Abstract

In this scientific approach are identified rules for the qualification of the complex single offence. In essence, the content of the complex crime includes at least one other criminal act that dissolves into the amalgam of the newly created crime. The elimination of the attached or absorbed offence declines the qualification of those committed according to the norm that incriminates the complex offence. In the case of a complex offence, the criminal acts absorbed / reunited lose their individuality, and cannot be retained in the qualification. The qualification of those committed, according to the rules of the multiple offences (according to the norm that includes the complex crime, but also according to the norm that contains the absorbed crime) is contrary (i) to the rule of qualification in the case of competition between a part and a whole, and, implicitly, (ii) to the principle of exact qualification as a subspecies of the principle of legality of incrimination, from the perspective of performing an overqualification. The qualification of a complex offence must be made according to the norm that includes the complex offence, but not according to the norms that form the complex offence.