Amoment of taking the decision to commit the crime. The internal mental phase precedes the external phase even in situations where the time from the decision to the execution of the crime is very short. Regarding the external period of the criminal activity the Court shows that there are several moments stages in the implementation of the criminal decision which follow each other towards obtaining the socially dangerous result. These moments stages in carrying out the criminal activity on the iter criminis criminal path acquire criminal relevance as they approach the realization of the socially dangerous result.
In the external period of the criminal activity three phases are distinguished Country Email List namely the phase of preliminary acts the phase of execution acts and the phase of consequences. Such phases are possible for any crime but they are not mandatory for all crimes. At the same time the crime has as many forms as there are phases of the criminal activity in which sense they can be distinguished the form of the preparatory acts corresponding to the preparation phase the form of the attempt corresponding to the execution phase the form of the consummated fact and the form of the exhausted fact both forms correspond followup phase.
Also from the point of view of the commission crimes have a perfect form which is the consummated form and an imperfect form the attempt both punishable under the conditions provided in the Criminal Code. . result occurs with the complete execution of the material element of the objective side. In these conditions with regard to the perfect form of the crime punishment provided by law means the punishment provided in the text of the law that criminalizes the act committed in the consummated form without taking into account the reasons for reducing or increasing the punishment attempt mitigating or aggravating circumstances continued form of the crime.
發表於 2023-12-27 16:03:36
