Completed Criminal Offense
Understanding the concept of a completed criminal offense is crucial for the correct qualification of the act and the appropriate imposition of punishment. This concept helps distinguish completed crimes from those interrupted at the stages of preparation or attempt, which affects the degree of liability and the severity of the punishment.
📘 The Concept and Importance of a Completed Criminal Offense
Article 25 of the Criminal Code of the Republic of Kazakhstan (CC RK) defines a completed criminal offense as an act that contains all the elements of the offense as provided in the Special Part of the CC RK.
A completed criminal offense means that a person has committed an act in which all elements of the crime have been fully realized: the object, the objective side, the subject, and the subjective side. This means the offense is complete and the legally prescribed consequences have occurred.
⚖️ Difference from an Incomplete Crime
Unlike a completed crime, an incomplete crime includes the stages of preparation and attempt, where the act was not brought to completion due to circumstances beyond the person’s control. These stages are regulated by Article 24 of the CC RK.
📚 Related Articles and Provisions
- Article 24 of the CC RK – Defines the concepts of preparation and attempt to commit a crime.
- Article 26 of the CC RK – Regulates voluntary refusal to complete a crime.
- Article 56 of the CC RK – Establishes the specifics of sentencing for incomplete crimes.
- Article 25 of the CPC RK – Provides for the evaluation of evidence based on the court's internal conviction.
🧾 Examples from Judicial Practice
- Case of theft: A person unlawfully entered a premises and removed property, causing damage to the owner. All elements of the crime were present, so the act was qualified as a completed criminal offense.
- Case of fraud: A person obtained money from a victim through deceit. Since all the elements of the crime were established, the act was recognized as completed.
🧠 Conclusion
Understanding the concept of a completed criminal offense is key to the proper qualification of acts and the fair imposition of punishment. It allows one to distinguish between completed crimes and those interrupted at the stage of preparation or attempt, which directly impacts the level of responsibility and the measure of punishment.
Attention!
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