The dissertation is devoted to the complex and systematic development of such a problem of criminal law, as the condition of the crime (socio-legal nature and the main structural elements of the condition of committing a crime as a criminal legal concept).
It was established that the condition of the commission of a crime, as a criminal offense, is socially conditioned. The content of the crime condition depends on the objective conditions of the existence of society at the time of the formation of a criminal-law norm.
It is proved that the condition of the crime is studied by various sciences – criminal law, criminal procedural law, criminology, criminalistics, which testifies to the presence in it of a number of varied properties, which, in fact, constitute an independent interest for each science.
It is argued that the condition of committing specific crimes in a structural relation is a set of such interconnected elements, such as: man, material objects, natural-climatic and other factors. In this case, the nature of the circumstances of the crime, its external form and properties are determined by the number and quality of the elements that make it.
The emphasis is placed on the fact that the legal form of consolidating the condition of committing a crime in the norm of the criminal law may be dual: either it is directly indicated in the norm of the criminal law, or not specified, but clearly proceeds from its content.
The ability of the circumstances of committing a crime to change the social danger of the act is analyzed in two ways: in some cases, there is a significant transformation of the criminal-legal characteristics of the act committed in its conditions, which leads to the transformation of an ordinary non-criminal act into a criminal or, of course, criminal act, into a non-criminal one. In this case, the condition acts as a compulsory sign of the objective side of a specific crime or as a circumstance that excludes public danger and the wrongfulness of an act and affects the existence of criminal liability grounds. In the rest - under its influence there is only a partial change in the degree of social danger of an act, which for other reasons is already a crime. In this case, it serves as a qualifying attribute of the crime and its presence leads to a change in the social danger of a criminal act.
Accepted consideration of the circumstances of the commission of a crime and the imposition of a punishment, which in certain cases may contribute to the goal of preventing the commission of new crimes.
