Special subject of crime

In the theory of criminal law there is no consensus on the definition of a special subject. Yu. V. Tarasova summarizes the opinions of specialists on this issue ^[1] :

“Some scientists call a person a special subject who, along with the general characteristics of the subject, has additional qualities (VS Orlov, AM Lazarev, G. N. Borzenkov). Others speak of a special subject as an entity that has specific features indicated in the disposition of the article (N. S. Leikina, N. P. Grabovskaya, V. A. Vladimirov, G. A. Levitsky). Others understand as a special subject of persons who, in addition to the necessary signs of the subject of the crime (attaining a certain age, responsibility), must also have special characteristics due to their activities or the nature of their duties, signs due to which only they can commit this crime (Sh. S. Rashkovskaya, R. Orymbaev) ”.

S. A. Semenov notes that the specificity of a crime with a special subject is such that “harm to public relations (the object of the crime ) is inflicted from within by one of the subjects of the relationship, which is also the subject of the crime” ^[2] .

Signs of a special subject can be either directly enshrined in criminal law , or directly flow out of it. For example, in the Criminal Code of the Russian Federation, the signs of a special subject are explicitly enshrined in Chapter 30, which provides for responsibility for crimes against state power, public service and service in local governments: it is an official . In other cases, the signs of a special subject directly follow from the content of the article, although they are not directly mentioned in it. For example, the rape norm ( Article 131 of the Criminal Code of the Russian Federation ) refers to this type in the Criminal Code of the Russian Federation : rape can only be committed by a man.

In some cases, in order to determine a specific circle of subjects who may be responsible for the commission of a crime, it is necessary to refer to the legal acts of other branches of law.

The signs of a special subject can be fixed in the law both in a positive and in a negative form. Thus, signs of an official in the Criminal Code of the Russian Federation are defined positively, and signs of a subject of unlawful abortion (Part 1 of Art. 123 of the Criminal Code of the Russian Federation) are negative, since they are any person who does not have a higher medical education in the relevant specialty.

Signs - the characteristics of a special subject can be classified by grouping them into 3 blocks ^[3] :

1. Characteristics of the legal status of the subject:
   • state and legal status ( citizenship );
   • activities in the field of state defense;
   • activities in the field of transport (vehicle driver);
   • official powers;
   • other special powers (for example, keeping state secrets );
   • acting as an entrepreneur ;
   • marriage and family status;
   • the status of the subject as a party to the proceedings;
   • activity in the field of medicine.
2. Social-legal and psycho-physiological properties of the person guilty:
   • half face;
   • age;
   • other biological indicators - a disease of a sexually transmitted disease and HIV infection;
3. Characteristics of the role to be played in the process of committing a crime:
   • organizer;
   • supervisor;
   • participant.

The value of the signs of a special subject is expressed in the fact that they:

1. Can act as constructive signs of a crime , without which this composition is absent.
2. Can act as a qualifying sign, forming the corpus delicti under aggravating circumstances.
3. May be relevant to the individualization of punishment, acting as a mitigating or aggravating circumstance.

• Subject of crime