CRIME AND 04 ELEMENTS CONSTITUTING CRIME

PART I: CRIME

A. CONCEPT OF CRIME, SIGNS OF CRIME

I. CONCEPT (ARTICLE 08-CPC)

   1. Crime is an act dangerous to society specified in the Penal Code committed intentionally or unintentionally by a person with criminal capacity and responsibility. Violating the independence and sovereignty, unifying and territorial integrity of the Fatherland, violating the socialist state regime, socialist ownership economic regime, violating life, health, honor, dignity, freedom, property, other legitimate rights and interests of citizens, violating other areas of the socialist legal order.

   2. Serious crimes are crimes that cause great harm to society and the maximum penalty for that crime is over 5 years in prison, life imprisonment or death penalty.

   3. Behaviors that have signs of crime but are not significantly dangerous to society are not crimes and are handled by other measures.

II. SIGNS OF CRIME

1. Socially dangerous behavior

a. Concept:

- Socially dangerous behavior is behavior that causes or will cause "significant damage" to social relationships protected by State Law.

- Significant damage: Grounds for determining significant damage.

- The nature of social relationships is violated

- The nature of the level of dangerous behavior

- The extent of damage caused or caused

- Nature and extent of errors

- Motivation and purpose of the person committing the crime

- Circumstances - socio-political at the time and place where the crime occurred.

- Identity of the person committing the crime

- Aggravating and mitigating circumstances.

2. Acts specified in the Criminal Law

     There are many acts that can be said to be dangerous to society, but not all acts are crimes, only acts specified in the Penal Code are considered crimes.

3. Persons with criminal liability capacity:

           - The person who commits the crime is the subject of the crime. The subject of a crime is a person with criminal capacity and responsibility.

           - A person who is aware of controlling his or her behavior (will)

           - Having criminal liability capacity only becomes the subject of a crime when they reach a certain age.

             For example:

The law stipulates (Article 58 of the Penal Code) that people who are 14 years old or older but under 16 years old must bear criminal responsibility for serious intentional crimes, and are not criminally responsible for less serious crimes and other crimes. Serious crimes caused by negligence.
People who are 16 years of age or older are criminally responsible for all crimes.
Because the subjects are still under 14 years old, their intelligence is not fully developed, they are not aware of their behavior, and do not see the consequences.

In summary: A person with criminal liability capacity has:

- Rational awareness of whether one's behavior is dangerous or not.

- Reason can control one's behavior

- Do not suffer from mental illness or other illness that causes loss of ability to control behavior.

-  Old enough.

4. Crime is an act of guilt:

Error concept

     Is a person's psychological attitude toward crimes that he or she commits intentionally or unintentionally (or in other words, a person's psychological attitude toward acts that are dangerous to his or her society and for the consequences caused by that behavior (manifested in the form of intentional or unintentional).

a. Intentionally committing a crime:

Be aware that your behavior is dangerous to society, see the consequences of that behavior and let the consequences happen (Indirect intentionality - Direct intentionality)

b. Intentionally committing a crime:

     Due to negligence without foreseeing the possibility of causing dangerous consequences for society. Even though you see or can see that your behavior may have consequences, you think it won't happen or can be prevented.

     Inadvertent negligence: Due to negligence without realizing the possibility of causing danger to society. Even though I can see and be aware of it.

     Unintentional overconfidence: Aware that one's behavior may cause danger to society, but believes that such consequences will not occur or can be prevented.

c. Error matching problem:

      Because the crime occurred but it was determined that they were not at fault, they are not criminally responsible.

d. Cases considered not at fault

     If a crime occurs but is determined to be consistent with the offender's expectations and wishes.

Unexpected event: A person commits an act that is dangerous to Society, depending on the case, it may or may not be visible.

Legitimate defense (has a separate article): Is the behavior of a person for the benefit of the State, the collective, the legitimate interests of oneself and others. Respond proportionately to those who violate the above interests.

PART II: ELEMENTS CONSTITUTING A CRIME

1. Concepts:

     Constituting a crime is a combination of general signs that are characteristic of a specific crime. Regulated in the Criminal Law.

2. Classification of criminal profiles:

     Based on serious or light criminal acts, they are classified as follows:

- Constitutes a basic crime.

- Constitutes an aggravated crime

- Constitutes a reduced crime.

3. Four elements constituting a crime:

a. Criminal object

           Concept: Is an internal relationship