Lessons 8 · 1 lessons · N. Ismatova, O. Karimova. Foundations of State and Law: textbook for Grade 11 of general secondary schools and for secondary specialised and vocational institutions. 1st edition. “Yangiyul Poligraph Service”, Tashkent, 2018
8
The elements of a crime
Textbook: pp. 39–43
GoalDistinguish the signs of a crime, the four elements of its composition, the forms of fault and the circumstances that exclude criminality.
New words
the composition (elements) of a crime · Jinoyat tarkibiintent, a form of fault · Qasdnegligence, a form of fault · Ehtiyotsizliknecessary defence · Zaruriy mudofaa
Explanation
A crime is a guilty, socially dangerous act (action or omission) prohibited by the Criminal Code under threat of punishment. Its signs are social danger, unlawfulness, guilt and punishability. The composition of a crime has four elements: the object (the social relation protected, such as life or property), the objective side (the act itself and its consequence), the subject (a sane natural person who has reached the set age) and the subjective side (fault, motive, purpose); if one is missing there is no crime. Fault has two forms: intent (the person understood the danger of the act and wanted the result — direct intent — or consciously allowed it — indirect intent) and negligence (overconfidence or carelessness). In some cases an act that looks like a crime from outside is not a crime: an insignificant act, necessary defence, extreme necessity, causing harm while detaining an offender, carrying out an order, justified risk, and physical or mental coercion.
Worked examples
Elements: at night Botir took a phone from someone’s shop. Object — other people’s property; objective side — secret taking; subject — Botir, sane and of the age of liability; subjective side — intent and the purpose of appropriating it.
Form of fault: Madina left a heavy flowerpot on a balcony unsecured and it fell on a passer-by, injuring him. She did not want the result but was careless, which may be negligence; necessary defence is a different case: defending oneself against an attacker.
Class activity
“Composition puzzle”: the teacher splits one criminal case into four cards (object, objective side, subject, subjective side) and groups place the cards in the right places.
Practice
1
List the four elements of the composition of a crime.
Object, objective side, subject, subjective side.
2
What is the difference between direct and indirect intent?
With direct intent the person wants the result; with indirect intent he does not necessarily want it but consciously allows it.
3
In which case is the act not a crime: necessary defence or a planned theft?
Necessary defence, because it is defence against an attack and not unlawful.
4
Why is there no criminal liability if even one element of the composition is missing? Justify.
Because a crime is the unity of four elements; for example, if the subject is under age or not sane he cannot understand the act and there is no basis for liability.