Under the subject of criminal law refers to a particular group protected by the criminal law relations, which infringes the crime.
The subject of the criminal law is a person who commits an offense while being able to be held criminally responsible for the act.
RF Criminal Code does not include the concepts of the subject,the object of criminal law. Their definitions can be derived on the basis of certain provisions of this document. In general, these terms are correctly disclosed in the theory of criminal law. The most accurate definition seems AI Chuchaeva, which is given in the comments to the codified act. It should be noted that the concept of the object, the subject is the basic industry of criminal law, since the theory is built all legal regulation of social relations.
What is the object of criminal law?
In accordance with the definition of AI Chuchaeva object of criminal law are considered to be protected by the criminal law certain social relations. Categories of these social relations are called in a special part of the Criminal Code as a specific criminal act, it is grouped on this basis. In these relationships is carried out in the commission of an infringement of any acts, omissions, subject to the criminal law. The object of criminal law should not be confused with the subject of abuse, since the latter category is much more specific. In addition, it is the object of one of the essential constituent elements of any criminal offense, the absence of evidence of the absence of crime.
What is the subject of criminal law?
The concept of the subject of criminal law is alsosimple enough, because it implies a specific person who commits an act punishable under criminal law. In this case the person must be able to be held accountable for the crime. The latter condition means that a person has committed a crime must reach the age at which the liability of a particular act to be sane. The absence of any of the two marked features makes it impossible for the recognition of the individual citizen the subject of criminal law. It should be noted that the subject is also an obligatory element of the composition of the offense, so the absence of the element eliminates criminal liability. Precisely because of signs of the subject of the industry, are not considered crimes illegal actions of children and other persons who do not understand the significance of his own actions.