The objective side of a crime is a set of signs established by the criminal law that characterize the external side of a socially dangerous act.

The objective side of the crime includes:

> socially dangerous act;

> socially dangerous consequence;

> a causal relationship between the act and the effect;

time, place, method, means, tools and setting of the crime (optional features).

Let's give a description of each of them.

An act is illegal, deliberate, socially dangerous, volitional, and at the same time, concrete and complex in nature active (or passive) behavior that causes (creates a threat of causing) harm to social relations protected by criminal law.

It should be noted that in the presence of a defeat of the will of a person (be it force majeure, mental or physical coercion, etc.), his behavior cannot be recognized as socially dangerous.

An irresistible force is an event caused by the forces of nature, social factors or human influence, which is irresistible in given specific conditions (time, place, etc.), as a result of which a person is deprived of the opportunity to act in accordance with his will. Force majeure is a condition that excludes criminal liability.

Physical or mental coercion is a physical impact (violence) or mental impact (blackmail, threat) on a person in order to compel him to commit a socially dangerous action or refusal to commit actions (i.e. inaction) recognized as socially dangerous. Physical and mental coercion is a circumstance that excludes criminal liability, only if the conditions provided for in Art. 40 of the Criminal Code of the Russian Federation.

Action is expressed in two forms: action and inaction. The first implies active behavior of the person, the second - passive. Responsibility for failure to act occurs only if the person was charged with a legal obligation to act in a certain way, but he did not fulfill it, if there was a real possibility of its implementation, as a result of which a threat of infliction was created or damage was caused to the object of criminal law protection. The aforementioned legal obligation may arise from:

> law or other regulatory legal act;

> professional duties or official position;

> a judicial act;

> the previous behavior of the person who created the danger of the onset of socially dangerous consequences.

In case of “pure” inaction, the person does not fulfill the duties assigned to him, in case of “mixed” inaction, the person nevertheless carries out the legal obligations imposed on him, but not in full, or in an inappropriate manner.

Socially dangerous consequences are negative changes in social relations protected by the criminal law, which occurred as a result of the commission of a socially dangerous act.

Socially dangerous consequences are:

> basic and additional;

> simple and complex;

> tangible and intangible.

Material consequences are manifested in the form of property or physical harm, non-material consequences are of a personal and impersonal nature.

Socially dangerous consequences are an obligatory feature of crimes with a material composition; in crimes with a formal composition, they are established in order to assess the consequences of the committed act and impose a fair punishment.

A causal relationship is an objectively existing relationship between a committed act and the consequence that followed it. It is also a mandatory feature in material crimes.

Signs of a causal relationship (criteria for its determination):

> the act always precedes the onset of socially dangerous consequences;

> the act is one of the necessary conditions for the onset of socially dangerous consequences;

> a socially dangerous consequence was an inevitable, natural (and not accidental) result of a socially dangerous act.

The way of committing a crime is a form of committing a socially dangerous act (techniques and methods, etc.).

Circumstances of time - a set of signs that characterize the duration (duration) of the commission of a criminal act.

Circumstances of a place - a set of signs that characterize a certain territory (locality) on which a criminal act was started and (or) ended.

The instrument of committing a crime is an object that is used to directly influence the object (subject) of the encroachment.

A means of committing a crime is an item that facilitates the commission of a crime.

Time, place, method, instrument and means of committing a crime are additional signs of the objective side of the crime, they have a threefold meaning. In the cases provided for by law, an additional feature can become a mandatory feature of the main or qualified corpus delicti (in the case of a direct indication of it in the text of a criminal law norm), or play the role of an aggravating or mitigating circumstance.

The value of the objective side of a crime is determined by the fact that its precise establishment is the key to the correct qualification of a socially dangerous act. When determining the content of a crime, the signs of the objective side establish the boundaries of the encroachment, within which responsibility for a particular criminal act is established.

The objective side of the crime ensures the differentiation of similar offenses. For example, the distinction between acts encroaching on the same object and having the same form of guilt, such as theft and robbery, is made according to the way they are committed: theft is committed secretly, robbery - openly.

In addition, certain signs of the objective side can be considered by the court as mitigating or aggravating circumstances that do not affect the qualification of the crime, but are taken into account when determining the type and amount of punishment. So, according to Art. 63 of the Criminal Code of the Russian Federation, the commission of a crime with the use of trust, rendered to the guilty by virtue of his official position or contract is considered as an aggravating circumstance.

Each specific crime has many individualizing signs, including objective ones.

- this is the outer side of a socially dangerous encroachment.

The objective side is signs:

1) socially dangerous act (action or inaction);

2) a socially dangerous consequence;

3) a causal relationship between them.

" Objective side of the crime there is a process of socially dangerous and unlawful encroachment on interests protected by law, considered from its external point of view of the sequential development of those events and phenomena that begin with the criminal action (inaction) of the subject and end with the onset of a criminal result, "V. N. Kudryavtsev points out.

From the above definition it follows that the objective side is a process that takes place in time and space.

Part 1 of Art. 14 of the Criminal Code, such behavior is defined as a socially dangerous act prohibited by this Criminal Code under threat of punishment.

The act is recognized as socially dangerous if it causes harm or creates a real threat of harm to public relations, which are protected by criminal law.

Defining harm, criminal law uses such a concept as "socially dangerous consequences".

In order to connect the committed act with the harm caused and determine the relationship between them, the term "causal relationship" is used.

That. the objective side of the crime is characterized by a group of features that determine the external side of the crime.

In addition to a socially dangerous act, socially dangerous consequences and a causal relationship between them, the group of signs that reveal the content of the objective side include:

* tools and means,

* method and setting of the crime.

The objective side is an element of the corpus delicti, which contains the above signs.

In specific elements of crimes, there is always one of the above signs of a socially dangerous act.

The rest of the signs take place only in certain corpus delicti. Consequences and causality are quite common, and the rest (place, time, method, tools and means, setting) are less common.

In this regard, in criminal law, these signs are divided into 2 groups: mandatory and optional.

Mandatory feature socially dangerous act (action or inaction).


Optional signs consequences, causal relationship, place, time, method, tools and means, setting of the crime.

The meaning of the objective side is determined primarily by the meaning of the very corpus delicti. In order to bring a person to criminal liability for a specific crime, it is necessary to establish all the signs that determine the objective side of a specific corpus delicti.

Most of the articles of the Special Part of the Criminal Code do not contain a detailed description of all the objective and subjective signs that determine the corpus delicti of a particular crime.:

1) the dispositions of the articles, as a rule, do not contain an indication of the object of the criminal encroachment;

2) most of the articles do not describe the subject of the crime, as well as the subjective side.

At the same time, the objective side of the crime in the disposition of the articles is described most fully.

The correct definition of the signs of the objective side makes it possible to establish the object and subject of the crime.

For example, the failure to provide assistance to a patient without good reason by a person obliged to provide it in accordance with the law or with a special rule, if this entailed, through negligence, the infliction of moderate harm to the patient's health (part 1 of article 124 of the Criminal Code), it is possible only by this person.

In such situations, we are talking about a crime with a special subject, which encroaches on the immediate object of health, species life and health, generic personality. That is, violation of an object protected by law can be committed by certain actions, the nature of which is determined primarily by the properties of the object itself.

Method of committing a crime allows you to set the form of guilt. For example, secret (method) theft of someone else's property allows us to conclude that this act can be committed only intentionally (direct intent).

It is "the nature of the objective side, with more or less accuracy, determines the range of those social relations on which a criminal encroachment could be committed, and in some cases predetermines the contemplation of the subjective side," writes V. N. Kudryavtsev.

For example, the Criminal Code differentiates criminal liability for theft of someone else's property, depending on the form of theft... It is possible to draw a distinction between them and correctly qualify what has been done only on the objective side by the method of seizing property (theft, fraud, robbery, robbery, etc.). Depending on such a sign of the objective side as socially dangerous consequences, it is possible to distinguish crimes against life (Articles 111, 112, 115 of the Criminal Code).

Sometimes this sign of the objective side allows us to delimit a crime from another offense (for example, article 264 of the Criminal Code, grave harm, harm of average gravity, major damage, if they are not there, then there is no composition of article 264 of the Criminal Code).

Thus, the meaning of the objective side is that:

1) being an element of the corpus delicti, it is included in the basis of criminal liability;

2) is a legal basis for criminal liability;

3) allows to distinguish between related offenses;

4) allows you to delimit a crime from an offense.

Objective side of the crime- This is a set of objective signs that characterize the external side of a socially dangerous act that infringes on social relations protected by criminal law and its consequences.

Mandatory signs of the objective side of the crime:

1. Socially dangerous action (inaction);

2. Criminal consequence;

3. Causal relationship between action (inaction) and criminal consequence.

Optional signs:

1. Method;

2. The circumstances of the place;

3. Circumstances of the time;

4. Tools;

5. Funds;

6. The atmosphere of the commission of the crime.

The meaning of the objective side of the crime:

1. Basically, its features are described in the disposition of the criminal norm. Thus, the law reveals what the legal prohibition consists in, which makes it possible to determine a particular crime.

2. The objective side makes it possible to establish the presence of corpus delicti as a legal basis for criminal liability.

3. On the basis of the signs of the objective side, it is possible to distinguish a crime from similar administrative tort, civil and disciplinary offenses.

4. Signs of the objective side are taken into account when sentencing.

Mandatory signs of the objective side of the corpus delicti

Act- this is a socially dangerous, illegal, deliberate, volitional, complex in nature action or inaction that violated or created a real threat of violation of public relations, taken under the protection of the Criminal Code.

The main distinguishing feature of criminal law action is its public danger... It is not a criminal law action that does not contain public danger.

Wrongfulness means that action or inaction should be expressly prohibited by the rule of the Special Part of the Criminal Code.

A mandatory sign of a criminal law action is its awareness... This means that the consciousness of the person committing a specific act covered its actual nature and the content of social danger.

A socially dangerous act as a sign of the objective side of a crime must not only be deliberate, but also express the will of a person, i.e. to be strong-willed... The actions of a person who is unable to express their will do not constitute acts in the criminal legal sense.

In this case, the will is struck by an irresistible force, mental and physical compulsion.

Irresistible force- this is an event caused by the forces of nature and other objective factors, as well as by the influence of other persons, in which a person is deprived of the opportunity to act in accordance with his consciousness and will (flood, earthquake, war, etc.).

The action begins from the moment the first conscious and volitional body movement is completed. The end point of an action is its termination (including due to circumstances beyond the control of the person), or the onset of socially dangerous consequences, or its decriminalization of the action.

Another form of socially dangerous behavior is inaction. Inaction represents passive behavior in the form of failure to perform such actions that the person should and could have committed. Inaction, despite the outward passivity of behavior, is no less dangerous than action (for example, when killing by inaction, leaving in danger), and just like the latter, it is capable of influencing the processes of the surrounding world.

Inaction can be expressed in a single act of behavior, or it can consist of several acts of such behavior, manifest itself in a certain systematicity (tax evasion, negligence, etc.).

Inaction, like crime in general, must have social danger and criminal unlawfulness. But, in addition, inaction is punishable only when, firstly, the duty to act in a certain way lay on the person and, secondly, the person had an objective and subjective opportunity to act.

Socially dangerous consequences- these are negative changes in public relations protected by criminal law, as a result of a crime.

The socially dangerous consequences are characterized by two signs:

1) the consequences are harm caused to the object of the crime;

2) criminal consequences are not any harm, but only that which is indicated in the disposition of the criminal law norm.

The criminal consequences are divided into:

1. Main consequence- is part of a crime and is indicated in the disposition of the criminal law norm.

2. Additional (optional) consequence- this is harm, which, by the nature and degree of social danger, does not reach the level of consequences specified in the law.

By nature all socially dangerous consequences are classified into material and intangible... And the material, in turn, - on property and physical harm.

Property damage can manifest itself in the form of real damage or loss of profits. All forms of theft entail real damage, and causing property damage to the owner of the property by deception or abuse of trust in the absence of signs of theft (Article 165 of the Criminal Code) - lost profits.

Physical harm- this is harm caused as a result of the commission of a socially dangerous act or inaction to the life or health of a person. It covers the death of the victim, minor, moderate and serious harm to health.

Intangible consequences are divided into two types:

1) having a personal character (moral harm, as well as harm caused to the constitutional rights of citizens) and

2) not related to the individual (ideological, political, organizational harm - typical for crimes in the field of economic activity and for crimes directed against state authorities).

Depending on whether or not socially dangerous consequences are included in the construction of the objective side of the crime, they distinguish material and formal compositions. In criminal consequences with a material composition, criminal consequences are among the mandatory signs of the objective side. Such crimes are considered completed from the moment the specified consequences occur.

The objective side of formal crimes does not include socially dangerous consequences. The completed crime is considered from the moment the act specified in the law is performed.

When describing socially dangerous consequences, the legislator uses one of two rules:

1) in the text of the law itself, specifies the nature and extent of the consequences. This is done either in the disposition or in the footnote to the article of the Special Part of the Criminal Code (for example, corpus delicti encroaching on life and health);

2) uses evaluative concepts. Those. the law contains only the most general characteristics of socially dangerous consequences (for example, “Intentional destruction or damage to property, if these acts entailed the infliction of significant damage"- Art. 167 of the Criminal Code).

Some articles of the Special Part of the Criminal Code contain an indication not of the actual infliction of harm, but on the possibility of an offensive socially dangerous consequences... Such crimes are called torts of creating a specific danger, and corpus delicti - constituents of real danger. For example, responsibility for violation of safety rules during the operation of nuclear power facilities occurs only if this could lead to death or radioactive contamination of the environment (Article 215 of the Criminal Code).

Causal relationshipis an objectively existing connection between a socially dangerous act and the socially dangerous consequences that have occurred.

The doctrine of causality in criminal law is based on the theory of causality as one of the categories of dialectical materialism. The internal connection between what already exists and what is still only becoming is called causality... Causality general since there are no phenomena that would not give rise to certain consequences.

For a correct solution to the issue of causality in each specific case, the following circumstances must be established:

1. That this person has committed a socially dangerous act;

2. That the act in time preceded socially dangerous consequences;

3. That the act created a real possibility of the onset of socially dangerous consequences.

The onset of criminal liability is possible only when there is a causal relationship between the consequences and the action (inaction) of the person. The presence of a causal relationship means that socially dangerous consequences are caused by specific actions (inaction) of a given person, and not of third parties or the action of natural, physical, biological, etc. external factors.

Establishing a causal link between an act and a consequence does not discount the need to establish the guilt of a person for the deed. So, if the actions of the person in reality entailed this consequence, but were committed innocently, there is no crime.

If there is no large time gap between an action (inaction) and a socially dangerous consequence, then the establishment of a causal connection usually does not present difficulties. It is more difficult to establish such a connection in transport, environmental crimes, attacks on life and health, where, on the one hand, a variety of causes and conditions of the onset of consequences can interact, and, on the other hand, a certain time often elapses between the act and the onset of the consequences.

To harm public relations, a person must necessarily allow socially dangerous behavior that has an external manifestation that is accessible to the perception of society. For example, this is a stabbing, secret theft of property, leaving a person in danger who needs immediate help.

Objective side of the crime- This is an external manifestation of a specific socially dangerous behavior carried out in certain conditions, place, time and causing harm to social relations (Fig. 1).

Socially dangerous behavior presupposes, first of all, the presence of a socially dangerous act. The deed always manifests itself outside, therefore, the mental, thought processes of a person, no matter how terrible thoughts they possess, cannot be considered a crime. This position was enshrined in Justinian's Digests: cogitationis poenam nemo patitur (no one is punished for thoughts). Another thing is when a person promotes dangerous ideas, tries to attract supporters, to translate ideas into reality. Thus, no one will judge a person for, for example, that he considers the civil war to be a blessing, but if he promotes it in any way, then he cannot avoid responsibility.

Rice. 1. The objective side of the crime

However, common sense dictates that a person can only be responsible for conscious, volitional behavior. Therefore, unconscious, reflex, uncontrolled body movement will not be considered a crime, even if it entailed grave consequences, for example, the death of a person. Likewise, an act (inaction) committed under the influence of force majeure or compulsion is not considered a crime. An irresistible force is a situation when, under the influence of the elemental forces of nature, animals, mechanisms, a person cannot fulfill his intention to perform or not to perform certain actions. For example, a doctor who could not get to a patient due to snow drifts is not liable. Coercion is such an effect of one person on another, which completely excludes the possibility of the latter expressing his will and behaving properly. Thus, it will not be punishable by an official to draw up deliberately false documents if he was forced to do so at gunpoint.

Socially dangerous (criminal)- this is the conscious behavior of a person who is aware of his actions and is able to lead them.

An act can be expressed both in, that is, active behavior (for example, in the dissemination of false fabrications that dishonor another person), and in inaction, that is, passive behavior, which consists in the failure of a person to perform such actions that he, for certain reasons, should it was and could have done in the given specific conditions. In modern society, where people are closely related to each other, inaction of one person can turn into a disaster for many. Thus, a person who maliciously evades taxes on a large scale is subject to criminal liability.

In many compositions, an obligatory element of the objective side of the crime is provided for by the Criminal Code of the Russian Federation. Part 3 of Art. 123 of the Criminal Code of the Russian Federation establishes responsibility for illegal abortion, if it entailed, by negligence, the death of the victim or causing grievous harm to her health. This means that the person can be prosecuted under Part 3 of Art. 123 of the Criminal Code of the Russian Federation only in the presence of the specified consequences, since in their absence there will be no corpus delicti.

- these are socially harmful changes in public relations protected by criminal law.

In real life, there are cases when a socially dangerous act was committed, the consequences also occurred, but it was not recognized as a crime. For example, a soldier in a shooting accidentally hits his comrade, and he dies. At first glance, you can start a criminal case under Art. 109 of the Criminal Code of the Russian Federation (causing death by negligence). However, the forensic medical examination establishes that the soldier died not from the inflicted injury, which in itself was light, but from heart failure. In this situation, there is no causal relationship.

- it is such a relationship between the act and the consequences, which shows that the consequence is the result of this act, and not the actions of third parties or external circumstances.

However, the cause of the consequences must be distinguished from the necessary condition for the onset of the consequences (Fig. 2). Suppose a person is slightly injured, and he, heading to the clinic, gets into a traffic accident and dies. So, the inflicter of minor bodily harm will be guilty of death? Indeed, without light bodily injury, there would have been no death. However, this is absurd, since light bodily injury in itself does not necessarily entail death.

Rice. 2. The relationship between the necessary condition and the cause of the consequences

Necessary condition- this is such an action (inaction), without which the consequence could not arise; in other words, a necessary condition contributes to the appearance of causes, that is, circumstances that entail the onset of a criminal consequence.

Sometimes in the article of the Criminal Code of the Russian Federation, which provides for punishment for a specific corpus delicti, you can find indications of the place, time, method, environment in which the act was committed. Accordingly, criminal prosecution under this article can only take place under the condition that the act was committed at the place, during, in the manner, in the environment specified in the article of the Criminal Code of the Russian Federation.

The value of the objective side of the corpus delicti

Any crime is a kind of human behavior, his volitional act. Therefore, it, like any other volitional act of a person, is characterized by a certain unity of psychophysical properties. The behavior of a person from the outside is characterized by certain signs that can be observed by other people, leave certain traces on objects in the outside world, and make appropriate changes in it. Mental processes occurring in the human brain are inaccessible to the observation of strangers (except when using special devices for this), they form the inner side of the act, its subjective characteristics. But the real thoughts and feelings of individuals are judged by their actions, i.e. by external signs of behavior.

Therefore, a crime as a type of volitional behavior of a person from the outside is characterized by certain signs that can be observed by other persons, sometimes can be measured and appropriately assessed. In the theory of criminal law, the external picture of the crime being committed, characterized by certain features, is called the objective side of the crime. The signs of the external side of the criminal act, which are described by the legislator in the disposition of the article of the Special Part of the Criminal Code, are called signs of the objective side of the corpus delicti.

The objective side of the crime and the objective side of the corpus delicti, although basically the same concepts, but in terms of the volume of content are not the same categories. The objective side of each crime as a phenomenon of individually unique is characterized, in addition, by such signs that are not included in the corpus delicti by the legislator and, therefore, are not signs of the objective side of the corpus delicti. This is explained by the fact that the disposition of the article of the Special Part of the Criminal Code indicates only those signs of the objective side of the formulated corpus delicti that characterize the typical distinctive features of a particular crime, determine the nature of its public danger as a crime of this type, or individualize the degree of social danger of the corpus delicti within this type of crime.

A correct understanding of the issue of the correlation between the signs of the objective aspect of a specific crime and the signs of the objective aspect of the corpus delicti of the same crime is of immediate practical importance, since, in accordance with the Criminal Code, individual signs of the objective aspect of a crime, which are not signs of the objective aspect of the corpus delicti of a given crime, are sometimes given a criminal law the value of a mitigating or aggravating circumstance (Articles 61 and 63 of the Criminal Code).

When establishing the criminality and punishability of a certain act, the legislator formulates its composition by describing in the disposition of the article of the Special Part of the Criminal Code the signs of the objective side of this corpus delicti, and in some cases also the signs of its subjective side, signs of the object (subject, victim) and subject. Sometimes all these features are described in a specific combination. It is on the basis of the objective side that the delimitation of some offenses from others is most often made, in particular, when the characteristics of the object, subject and subjective side of these crimes coincide. The signs of the objective side of the corpus delicti, taking into account the signs of its other elements (parties), are the main guideline when qualifying the committed socially dangerous action (inaction).

The content of the objective side of the criminal act, as a rule, it consists of actions (activities) or inaction, the corresponding consequences, a causal relationship between these actions (inaction) and the consequence. Sometimes in the articles of the Criminal Code, as a sign of the objective side of the corpus delicti, the circumstances of the time, place, situation, method and means of committing the crime are indicated. Any crime can be committed by means of certain actions (activities) or by way inaction. Neither the thoughts nor feelings of people can be the subject of a criminal law prohibition and protection, otherwise criminal liability would be deprived of an objective basis. And this would entail arbitrariness and unlimited discretion of officials in assessing the criminal and criminally punishable.

Each action or inaction of a person entails certain changes in the external world, i.e. certain consequences. Some are observable and measurable, while others are not. Taking into account these features of the consequences when formulating specific compositions, in some cases they are indicated in the law as a sign of the objective aspect of a crime, in others they are not indicated. So, the composition of the violation of fire safety rules is formulated as follows: a violation of fire safety rules committed by a person who had the obligation to comply with them, if this entailed, by negligence, the infliction of grievous harm to human health (part 1 of article 219 of the Criminal Code). Thus, in this composition, the infliction of grievous harm to human health is a mandatory sign of the objective side of this crime. And as part of the obstruction of the exercise of the right to freedom of conscience and religion (Article 148 of the Criminal Code), there are no indications of criminal consequences. Consequently, in relation to the latter composition, the criminal consequences are not a sign of its objective side.

Any crime is committed in certain conditions of place, time and environment, which is taken into account by the subject in the preparation and implementation of a criminal act. However, only in some cases does the situation, place and time of the commission of a crime increase its social danger or more negatively characterize the personality of the offender. In such cases, the articles of the Special Part of the Criminal Code indicate the situation, place, time as signs of the objective side of the corpus delicti.

A crime is committed by one or another . However, only a few of them increase the social danger of the deed. The method allows sometimes to distinguish one criminal act from another. In such cases, the disposition of the article of the Criminal Code indicates the method as a sign of the objective side of the corpus delicti.

When committing crimes, people resort to using certain . As such means and tools, counterfeit documents are often used in the theft of someone else's property, in encroachments on human life and health - cold weapons and firearms, other weapons, etc. When the use of certain means, weapons and other items of weapons significantly increases the social danger of a crime, the dispositions of the articles of the Criminal Code indicate these means, weapons and other items of weapons as signs of the objective side of the crime.

Only causation in the articles of the Criminal Code it is not mentioned as a sign of the objective side of the corpus delicti, since it is not visually observable. However, when the disposition of the article of the law indicates the onset of one or another consequence, the causal relationship is a sign of the objective side of the crime and the establishment of its presence is mandatory. The causal relationship does not lend itself to sensory perception, but is cognized by the human mind (in a logical way).

In the science of criminal law, the signs of the objective side of the corpus delicti are usually divided into mandatory and optional. TO compulsory include those of them that are characteristic of each corpus delicti (action, inaction). Optional those of them are considered that are characteristic only for certain corpus delicti (consequences, causal relationship, setting, time, place, method, means and instruments of committing a crime). The division of the signs of the objective side into mandatory and optional is conditional and is applicable only to the general doctrine of the composition of a crime. If the disposition of the article of the Criminal Code contains an indication of the consequences, setting, time, place, method, means and instruments of committing a crime, then these signs are mandatory.

Objective side of the crime- one of the four elements of the corpus delicti, which consists in the commission by the guilty party of a specific act posing a public danger and prohibited by the criminal law under threat of punishment.

The objective side as an element of the corpus delicti- This is a set of legally significant signs provided for by the Criminal Code of the Russian Federation, characterizing an external act of socially dangerous encroachment.

Signs of the objective side include:

1. mandatory:

a) an act that encroaches on an object, which can be expressed in two forms: in action - it is an act of active socially dangerous and illegal behavior; inaction is a socially dangerous act of behavior, consisting in the failure by a person of the action that he should and could have performed. Criminal inaction is characterized by two elements: objective - the obligation to act and subjective - the ability to commit a behavioral act. The deed should be limited to a certain volitional impulse and conscious;

b) socially dangerous consequences- the result of a criminal act;

v) causal relationship between action (inaction) and consequences- an objective connection between phenomena, one of which (cause), in the presence of certain conditions, gives rise to another phenomenon (consequence). Peculiarities of causal relationships: the cause gives rise to the effect. The scope of the reasons, first of all, the stage of motivation and decision-making, when it comes to the formation of a motive, a goal, the definition of the means of achieving it precisely as criminal; the cause always precedes the effect in time; the action of the same cause under the same conditions always gives rise to the same effect; the effect does not repeat the cause;

2. optional:

o situation- a set of circumstances affecting the nature and degree of public danger of the act (combat situation, zone of ecological disaster or zone of ecological emergency);

o crime scene- this is the territory on which the criminal act is committed (dwelling, burial place);

o time of the crime- the period during which the crime was committed (wartime, during or immediately after childbirth);

o way of committing a crime Is a set of techniques and methods used to commit a criminal act.

The meaning of the objective side of the crime:

· Affects the correct qualification of a socially dangerous act;

· Plays a role in the differentiation of similar crimes on other grounds;

· Analysis of the objective side allows in some cases to establish the presence of a second, additional object;

· Individual elements of the objective side are used by the legislator as qualifying signs;

· Signs of an objective side can be considered by the court as mitigating or aggravating circumstances that do not affect qualifications, but are taken into account when determining the type and amount of punishment.