Qualification of crimes and its significance in criminalistics

The society is a very multi-faceted concept. It can be viewed from a huge number of sides and at the same time not be able to study thoroughly all the dark and hidden corners. Within its framework, people continuously interact with each other. However, these relations can have different character, both positive and negative. The latter is not limited to quarrels and verbal conflicts. The interaction of the parties in a severe negative character and represent the scientific basis for the qualification of crimes.

In the Russian criminal practice there is no singleopinions in this matter. This significantly hampers and impedes the process of literate and fully adequate justice. Since there is no single qualification of crimes, which can be very similar in nature, nature, characteristics and other small things, as a result, certain aspects of the court sentence may contradict different theories. In order to correctly apply all the boxes of the law of our country that regulate the criminal liability of a party who has committed an offense of any degree and severity, it is necessary to take special care in choosing the method used in this case. If the qualification of the crimes is incorrect or inaccurate, then in this case the penalty may be fixed with an error.

What is this concept? To give something qualification is to identify the most significant and important aspects of the phenomenon under consideration, to evaluate it, to attribute it in accordance with the available signs of a qualitative nature to the species, category, category, and so on. The qualification of crimes is intended to more accurately determine the offense. In accordance with it, the representatives of the judiciary endure the sentence, assigning the severity and guilt of the responsible party. This concept is very important for both criminalistics and criminal practice.

The problems of qualification of crimes existedat all times. As soon as representatives of the law began to punish the perpetrators in accordance with the degree of their guilt, this "snag" arose. After all, sometimes it is extremely difficult to distinguish crimes, since their character can be almost identical. And only one seemingly insignificant detail will distinguish the offenses. Meanwhile, the level of punishment only because of one such trifle can vary greatly both in favor of the guilty, and to it to the detriment. Therefore, it is extremely important to assign the crime in question to the required category with the utmost accuracy. Otherwise, the guilty person may be the victim of an unfortunate mistake.

The qualification of crimes is extremely complex andresponsible process. This procedure includes many analytical steps. It all starts with the fact that experts put forward a lot of versions, they are considering a huge number of facts on their hands. Throughout the qualification, refinements are made, completely new and sometimes unexpected circumstances are revealed, the path for research is being adjusted and becomes more and more clear. This process results in accurate estimates, which are subsequently repeatedly checked on a mandatory basis. As a result, a court sentence is formed.

The ultimate qualification of crimes must necessarily contain information such as part, paragraph, and article The Criminal Code of the Russian Federation. If the offense can not beis characterized by the information contained in this document, then in that case it is necessary to specify another specific law, according to which the verdict will be pronounced. The qualification should reflect the full composition of the crime with all its features and nuances. Its accuracy for the most part will depend precisely on the initial facts established by the investigation.

  • Rating: