About the types of unfinished crime

Abstract

The article is devoted to the study of the scope of the concept of an unfinished crime. In the literature, in addition to the types of unfinished crime named by the legislator (preparations for a crime and attempts at a crime), others are also distinguished (voluntary refusal of a crime, voluntarily abandoned preparation and attempt, incomplete and complete attempt at a crime). Based on the normative material (Articles 29 and 31 of the Criminal Code of the Russian Federation), this approach is critically evaluated. At the same time, it is noted that in science, at the level of an unfinished crime, the often produced classifications of preparations for a crime and attempts at a crime do not manifest themselves in any way. The author considers this to be an inconsistency of theoretical analysis. He tries to overcome it and offers to distinguish, on the one hand, complete and incomplete unfinished crimes, on the other hand, objectively and subjectively unfinished crimes. At the same time, it is proposed to understand under complete-an unfinished crime, in which a person believes that he has done everything necessary to bring the crime to an end; under incomplete an unfinished crime, in which a person believes that he has not done everything necessary to bring the crime to an end; under objectively unfinished crimes that were not completed due to an error on the part of the persons who committed them; under subjectively unfinished crimes that were not completed due to an error on the part of the persons who committed them. Assessing the significance of the identified types of unfinished crimes, in conclusion, it is noted that they, without affecting the criminal responsibility itself, are important for its implementation, because the more completely an unfinished crime is committed, the closer it is to the finished one and the more severe punishment is permissible, all other things being equal; erroneous actions of a person indicate less public danger, which, all other things being equal, on the contrary, should entail less severe punishment.