Multiplicity of crimes

The multiplicity of crimes is a relatively new section of the criminal law theory. For the first time he began to be considered independently in textbooks only in 1974 . Up to this point, the provisions related to the commission of several crimes by a person were considered as an integral part of the institution of sentencing , as well as in the framework of the consideration of qualifying features of certain elements of crimes ^[2] .

The term “plurality” is rare in criminal law . It is not found in the current Russian legislation, the concept of multiplicity is developed by the criminal law theory ^[3] . A similar situation exists in the criminal legislation of foreign countries. This term is used in the Criminal Code of Uzbekistan and the Criminal Code of Latvia , while other legislative acts (for example, the Criminal Code of the Netherlands ), although they contain articles establishing the particularities of responsibility of persons who have committed several crimes , they do not use the term “multiplicity” to refer to such situations ^[4] .

All crimes constituting a multiplicity must be committed by the same person; it doesn’t matter which of the criminal roles the person performed in specific acts: the executor , organizer , accomplice or instigator ^[3] .

In determining the multiplicity, only those acts that entail criminal liability , or acts for which this liability has not been exhausted, are taken into account. If a person is subject to exemption from criminal liability for any act for any reason, or if he has fully incurred all restrictions (including a criminal record ) related to liability for these acts, these acts are not taken into account when determining the multiplicity. The acts for which the statute of limitations for criminal prosecution has expired are also not taken into account ^[5] .

In the theory of criminal law, among the forms of multiplicity, the following are called: the totality of crimes , relapse , repetition , repetition, criminal activity and criminal activity. Not all of them are present in the theories of various authors: for example, V. P. Malkov points to the existence of only two of them: repetition and ideal totality ^[6] . Not all of them are enshrined in the law: for example, the current Criminal Code of the Russian Federation only fixes such forms of multiplicity as the totality of crimes and the relapse of crimes .

The significance of plurality lies in the fact that it is a circumstance that enhances criminal liability ^[7] . The basis for increasing responsibility in this case is the increased degree of public danger of the person who committed several crimes ^[8] . Committing several crimes in a row by a person allows him to gain criminal experience, which makes subsequent criminal activity easier and more dangerous, facilitates evasion of responsibility, helps to form and deepen a persistent antisocial orientation of the person ^[9] .

This situation exists not only in the legislation of Russia, but also in the criminal codes of other countries. For example, similar provisions are contained in the Criminal Code of Germany, Spain, France ^[10] .

In the legislation of the Russian Federation with a plurality of crimes, punishment is assigned separately for each crime , after which a single final punishment is determined. In some countries of the world (for example, in the USA ) a separate serving of punishment is applied for each crime by their simple addition; the total sentence in such cases may be tens or even hundreds of years. It is indicated that such a summation of sentences, although it may seem absurd, “reflects the fullness of the danger of the identity of the offender and the principle of full responsibility for each crime” ^[11] .

The totality of crimes occurs when a person sequentially commits several crimes , but is not convicted , or exempted from criminal liability for any of them ^[12] .

The real set of crimes is the commission of two or more independent criminal acts , provided that no person has been convicted of any of them. The number of acts in a real combination corresponds to the number of crimes : two acts - two crimes, three acts - three crimes, and so on.

An ideal set of crimes is recognized as one action ( inaction ) containing signs of two or more corpus delicti .

The totality of crimes is an aggravating circumstance. In this case, the real aggregate, as a rule, is more socially dangerous than the ideal ^[13] .

Competition of criminal law norms takes place in cases when the same act is regulated by two norms of criminal law , of which only one is applicable.

The most common competition is the general and special norms. As a rule, such competition is allowed in favor of a special rule. A special rule is that concretizing the signs of a general act as applied to a specific object of encroachment. A special norm is also formed by a qualified or privileged corpus delicti in relation to the basic corpus ^[14] .

Several special rules may also come into competition. In the event that several qualified compounds compete, the composition establishing the most stringent liability is subject to application. On the contrary, if two privileged compositions are in competition, the most lenient is to be applied.

Another type of competition is the competition of the part and the whole, which takes place in cases where one of the criminal law rules covers the whole act , and the second only its part. In the competition of simple and complex compositions (part and the whole), a norm with a complex composition is applied if all its attributes are contained in the deed, since a complex composition more fully reflects the act than each of the simple ones included in it.

Relapse of crimes is a person committing a new crime after being convicted of a previous act in the event that the criminal record has not been withdrawn and has not been canceled in the manner prescribed by law. As a rule, relapse entails an increase in criminal liability .

Relapse is usually divided into general and special:

• General relapse involves a person committing heterogeneous crimes .
• A special relapse involves a person committing homogeneous or identical crimes.

Prison relapse, which constitutes the commission of a crime in prison, is also distinguished. Also in some jurisdictions (for example, in the Russian Federation), relapse is classified according to its degree of danger.

Repeated crime is a form of a multiplicity of crimes , involving the person committing two or more homogeneous (for example, various types of thefts : theft , robbery , robbery ) or identical acts, for none of which it was criminally liable .

A single or single crime is an act that contains the composition of one crime , is qualified under one article of the criminal law or part ^{thereof [15]} .

As a rule, the distinction between a single crime and a plurality of acts does not cause difficulties. A simple single crime encroaches on one object , consists of one action or inaction , is committed with one form of guilt (an example of such a crime is part 1 of article 112 of the Criminal Code of the Russian Federation). The qualification of such a crime does not cause difficulties: it is completely covered by the signs of one composition , and is qualified under one article of the special part of the Criminal Code ^[16] .

However, in some cases, acts that are outwardly similar to the multiplicity of crimes, consisting of a series of identical or heterogeneous actions, are recognized as a single crime, which is qualified under one article of the criminal law . Such a single crime is called complex. There are several types of complex single crime: lasting , ongoing , compound , with several alternative actions, with two mandatory actions, two-object and multi-object, with two forms of guilt, with additional grave consequences, with repeated actions.