nakazatelno-pravo-osobena-chast.pdf

## Glossary TermDefinitionGeneral part (of the Penal Code)Refers to the foundational rules and definitions in criminal law that apply broadly to all offenses, such as those concerning guilt, intent, and punishment, as opposed to the special part which defines specific crimes.Special part (of the Penal Code)Encompasses the specific definitions of criminal offenses, including their constituent elements (hypothesis, disposition, sanction), and the corresponding punishments.Hypothesis (of a legal norm)The factual circumstances or conditions described in a legal norm that, if met, trigger the application of the legal consequence.Disposition (of a legal norm)The part of a legal norm that prescribes the conduct or defines the offense.Sanction (of a legal norm)The legal consequence or punishment attached to a legal norm if the disposition is violated.Object of encroachment (of a crime)The societal relations or values that are harmed or endangered by a criminal act.Generic object (of a crime)A broad category of related societal relations that serves as the basis for organizing chapters within the special part of the Penal Code.Group object (of a crime)A more specific category of related societal relations within a generic object, used to organize sections within chapters of the Penal Code.Immediate object (of a crime)The specific societal relation or value that a particular crime directly affects or endangers.Elements of a crime (corpus delicti)The legally defined characteristics or components that must be present for an act to constitute a specific crime.Objective side of a crimeEncompasses the external manifestations of a crime, including the act or omission, the means used, the consequences, and the circumstances of the offense.Subjective side of a crimePertains to the mental state of the perpetrator, primarily focusing on guilt (intent or negligence), motives, and purpose.Guilt (mens rea)The mental state of the perpetrator, encompassing intent (direct or indirect) and negligence (carelessness or recklessness).Direct intentWhen the perpetrator consciously desires the criminal result and foresees its occurrence.Indirect intent (eventual intent)When the perpetrator foresees the possibility of a criminal result and accepts or is indifferent to its occurrence.NegligenceThe failure to exercise the required degree of care, leading to an unintended harmful result.Culpable preparationActions taken by an offender that are preparatory to the commission of a crime and are punishable by law.Attempt (to commit a crime)When an offender commences the commission of a crime but does not complete it, either due to external factors or voluntary cessation of efforts.Completed crimeAn offense where all the legally defined elements have been fulfilled.Primary intentThe perpetrator's direct and conscious aim to achieve a specific criminal outcome.Special composition (of a crime)A crime that includes all the elements of a basic offense plus additional aggravating circumstances.Privileged composition (of a crime)A crime that includes all the elements of a basic offense plus additional mitigating circumstances, leading to a lesser punishment.Basic composition (of a crime)The core elements of an offense that define it as a specific type of crime.Qualified composition (of a crime)A crime with aggravating circumstances that increase its severity and penalty.Privileged composition (of a crime)A crime with mitigating circumstances that reduce its severity and penalty.Intentional crimeAn offense committed with conscious intent and volition.Negligent crimeAn offense committed due to carelessness or recklessness.CausationThe legal link between an offender's conduct and the resulting harm, establishing that the conduct was a cause of the harm.AccomplicesIndividuals who assist in the commission of a crime.InstigatorAn individual who incites or persuades another to commit a crime.Accomplices (in the sense of co-perpetrators)Individuals who jointly participate in the commission of a crime, each carrying out a part of the objective elements.Accessories after the factIndividuals who assist an offender after the commission of a crime to avoid punishment.RetorsionAn act committed in immediate retaliation for a prior unlawful act by the victim.Self-defense (necessary defense)The lawful use of force to repel an unlawful attack.Exceeding the limits of necessary defenseThe use of force that is excessive in relation to the threat faced, potentially constituting a criminal offense.Profound provocationA state of extreme emotional disturbance caused by the victim's actions, which may mitigate criminal liability.Socially dangerous act (publicly dangerous act)An act that poses a threat to societal relations or values.Public orderThe system of societal relations that ensures peace, security, and the normal functioning of society.IncitementThe act of encouraging or persuading others to commit a crime or unlawful act.Public incitementIncitement directed at an unspecified or broad audience.Organized criminal groupA structured association of individuals formed to commit crimes.MisappropriationThe unlawful conversion of another's property for one's own use.EmbezzlementThe fraudulent appropriation of property by a person to whom it has been entrusted.FraudThe intentional deception of another person, causing them to part with property or surrender a legal right.ExtortionThe act of obtaining something by force or threat.Property crimesOffenses that involve the unlawful taking or damaging of property.TheftThe unlawful taking of another person's property with the intent to permanently deprive them of it.RobberyThe taking of property from a person by force or intimidation.Damage (to property)The unlawful alteration or impairment of the utility or value of property.Destruction (of property)The complete ruin or obliteration of property.DiversionActs intended to disrupt or damage state property or infrastructure for hostile purposes.SabotageDeliberate destruction or obstruction of property or resources, typically for political or economic disruption.Document offensesCrimes related to the fraudulent creation, alteration, or use of documents.ForgeryThe act of falsely making or materially altering a document with the intent to defraud.False documentation (intellectual forgery)The act of creating a document with false content, as opposed to materially altering a genuine document.Electronic documentA document created, stored, or transmitted by electronic means.Computer crimesOffenses committed using computers, computer systems, or networks.HackingUnauthorized access to computer systems or data.Malware (computer virus)Malicious software designed to disrupt, damage, or gain unauthorized access to computer systems.BriberyThe act of giving, offering, or receiving something of value to influence a public official or other person in a position of trust.CorruptionDishonest or fraudulent conduct by those in power, typically involving bribery.Abuse of authorityThe improper use of one's position of power for personal gain or to harm others.Obstruction of justiceAny act that interferes with the administration of law or the legal process.PerjuryThe offense of willfully telling an untruth or making a false statement in a court of law or before a competent tribunal, under oath.False testimonyTestimony given by a witness that is false.Falsification of evidenceThe act of altering or fabricating evidence to mislead a legal proceeding.Concealment of evidenceThe act of hiding or destroying evidence to prevent its use in a legal proceeding.WitnessA person who has seen or heard something relevant to a legal case and is called to testify.Expert witnessA person with specialized knowledge or skills who is called to testify in a legal case to provide opinion or explanation.InterpreterA person who translates spoken or signed language from one language to another.TranslatorA person who translates written text from one language to another.Public orderThe state of peace and good behavior among the members of a community or nation.Disorderly conductBehavior that is disruptive to public order or peace.VandalismThe deliberate destruction of or damage to property.GamblingThe act of playing games of chance for money or other stakes.Illegal gamblingConducting or participating in gambling activities that are not authorized by law.Public nuisanceAn act or omission that interferes with the public's right to use or enjoy public property or services.VagrancyThe offense of wandering about without visible means of support.BeggingThe act of asking for money or food, typically on the streets.ArsonThe criminal act of deliberately setting fire to property.FloodAn overflow of water that submerges land that is usually dry.Explosive substancesMaterials that can rapidly release energy, causing an explosion.FirearmsGuns or other weapons that expel a projectile by the force of an explosion.AmmunitionProjectiles and other propellant charges for firearms.Transportation crimesOffenses related to the operation of vehicles and transportation systems.Traffic violationsInfractions of traffic laws and regulations.Driving under the influence (DUI)Operating a vehicle while impaired by alcohol or drugs.Hit-and-runLeaving the scene of an accident without rendering aid or providing identification.HijackingThe seizure of a vehicle or aircraft in transit.CounterfeitingThe imitation of currency, documents, or other items with the intent to deceive.Counterfeit currencyFake money that is intended to pass as genuine currency.Financial crimesOffenses that involve financial transactions and markets.Money launderingThe process of concealing the origins of money obtained illegally by means of its integration into the legitimate economy.Credit systemThe network of financial institutions and mechanisms that facilitate lending and borrowing.Fiscal systemThe system of government revenue and expenditure.Tax evasionThe illegal non-payment of tax or a sham transaction to avoid paying tax.Customs regimeThe set of rules and procedures governing the movement of goods across national borders.SmugglingThe illegal import or export of goods.TransitThe passage of goods or persons through a territory without a full customs examination.Intellectual propertyCreations of the mind, such as inventions, literary and artistic works, designs, and symbols, names, and images used in commerce.CopyrightThe exclusive legal right, given to an originator or an assignee to print, publish, perform, film, or record literary, artistic, or musical material, and to authorize others to do the same.PlagiarismThe practice of taking someone else's work or ideas and passing them off as one's own.PatentA government authority or license that gives an inventor the exclusive right to make, use, or sell an invention for a set period of time.Industrial designThe ornamental or aesthetic aspect of a product.TrademarkA symbol, design, or word legally registered as representing a company or product.Crimes against the familyOffenses that harm the well-being or stability of the family unit.Bigamy (polygamy)The offense of entering into a marriage with one person while still legally married to another.Child abandonmentThe act of leaving a child without adequate care or support.Child neglectThe failure of a parent or guardian to provide for the basic needs of a child.Child abuseThe physical, emotional, or sexual mistreatment of a child.Child traffickingThe illegal recruitment, transportation, transfer, harboring, or receipt of children for the purpose of exploitation.Alimony (maintenance)Money paid by one spouse to the other as a financial settlement after divorce or separation.AdoptionThe legal process by which a parent-child relationship is established between persons not related by birth.Crimes against citizens' rightsOffenses that violate the fundamental rights and freedoms guaranteed to individuals.DiscriminationThe unjust or prejudicial treatment of different categories of people, especially on the grounds of race, age, sex, or disability.RacismPrejudice, discrimination, or antagonism directed against someone of a different race based on the belief that one's own race is superior.XenophobiaDislike of or prejudice against people from other countries.Freedom of speechThe right to express opinions and ideas without fear of government censorship or retaliation.DefamationThe action of damaging the good reputation of someone; slander or libel.InsultAn act or statement that shows disrespect or offends.SlanderThe action or crime of making a false spoken statement damaging to a person's reputation.LibelA published false statement that is damaging to a person's reputation; a written defamation.Invasion of privacyThe intrusion into the personal life of another, without just cause.Unlawful entryEntering a property or dwelling without permission or legal authority.Violation of correspondence secrecyThe act of illegally accessing or disclosing private communications.Political rightsRights that allow citizens to participate in the political process, such as voting and running for office.Electoral rightsThe right to vote in elections and to stand for election.ReferendumA direct vote in which an entire electorate is invited to vote on a particular proposal or question.Election fraudDeception or manipulation of an election process to influence its outcome.Vote buyingThe act of offering money or other incentives to voters in exchange for their vote.Vote sellingThe act of accepting money or other incentives in exchange for one's vote.Public officialsIndividuals who hold positions of public trust and are responsible for carrying out government duties.Officials of electoral commissionsIndividuals responsible for administering elections and ensuring their integrity.Crimes against national defense capabilityOffenses that undermine a nation's ability to defend itself.Military crimesOffenses committed by military personnel in violation of military law or conduct.Crimes against peace and humanityOffenses that threaten international peace and security or violate fundamental human rights.GenocideThe deliberate killing of a large number of people from a particular nation or ethnic group with the aim of destroying that nation or group.ApartheidA former policy of segregation and discrimination against non-white inhabitants of South Africa.TerrorismThe unlawful use of violence and intimidation, especially against civilians, in the pursuit of political aims.TreasonThe crime of betraying one's country, especially by attempting to kill the sovereign or overthrow the government.EspionageThe practice of spying or using spies, typically by governments to obtain political and military information.SubversionThe undermining of the power and authority of an established system or institution.EspionageThe act of obtaining secret or confidential information without the knowledge of the holder.State secretInformation that, if disclosed, could harm national security.Information classified as state secretInformation that is officially designated as secret to protect national security.DiversionThe act of diverting something, especially funds or resources, from their intended use.VandalismAction constituting deliberate destruction of or damage to public or private property.Other offensesCrimes that do not fit into predefined categories.PropagandaInformation, especially of a biased or misleading nature, used to promote or publicize a particular political cause or point of view.Fascist ideologyA political ideology characterized by dictatorial power, forcible suppression of opposition, and strong regimentation of society and the economy.Anti-democratic ideologyAn ideology that opposes or undermines democratic principles and institutions.National symbolsObjects or emblems that represent a nation, such as a flag, anthem, or coat of arms.TerrorismThe unlawful use of violence and intimidation, especially against civilians, in the pursuit of political aims.Organization or group for committing crimes against the RepublicA group formed with the intention of carrying out acts against the state.Offenses against life and healthCrimes that endanger or cause harm to a person's life or physical well-being.MurderThe unlawful premeditated killing of one human being by another.ManslaughterThe crime of killing a person in a reckless or negligent manner, but without malice aforethought.Criminal abortionThe illegal termination of a pregnancy.SuicideThe act of intentionally causing one's own death.Bodily injuryHarm or damage to the physical body.Grievous bodily harmSerious bodily harm that endangers life or causes permanent injury.Slight bodily injuryMinor bodily harm that does not endanger life or cause permanent injury.Causing death by negligenceCausing the death of a person through carelessness or recklessness.Professional negligenceFailure to exercise the degree of care expected of a person in a particular profession.Mixed guiltA situation where a crime involves both intent and negligence.Unborn child (fetus)The offspring of a human being during the period from conception to birth.InfanticideThe killing of a baby.Manslaughter of a newborn child by its motherA specific offense for a mother who causes the death of her child shortly after birth.Negligent homicideCausing death through negligence.Reckless homicideCausing death through extreme recklessness.Criminal abortionThe unlawful termination of a pregnancy.Offenses against libertyCrimes that violate an individual's freedom and autonomy.KidnappingThe unlawful taking away of a person against their will.Unlawful deprivation of libertyThe act of unlawfully restraining a person's freedom of movement.CoercionThe practice of persuading someone to do something by using force or threats.BlackmailThe practice of demanding money or other concessions from someone by threatening to reveal information damaging to their reputation or to divulge secrets.ThreatA statement of intention to inflict or bring about harm or injury to another person.Human traffickingThe illegal trade or exploitation of people.Forced laborLabor that is performed involuntarily and under threat of violence or penalty.Sexual exploitationThe use of a person for sexual gratification without their consent.SlaveryThe state of being owned by another person and forced to work without pay.Offenses against reputation, honor, and dignityCrimes that harm a person's good name or self-esteem.Revelation of a secretThe act of disclosing confidential information.Unlawful use of special intelligence meansThe illegal use of surveillance or other intelligence-gathering tools.Offenses against marriage and familyCrimes that disrupt or harm marital and familial relationships.BigamyThe offense of marrying someone while already married to another person.PolygamyThe practice or custom of having more than one wife or husband at the same time.Abandonment of a person in need of careThe act of leaving someone who requires assistance without providing necessary support.Child support arrearsThe failure to pay court-ordered financial support for a child.Adoption offensesCrimes related to the illegal or fraudulent practices involved in adoption.Property crimesOffenses that involve the unlawful taking or damage of property.Usurpation of possessionThe act of unlawfully taking possession of property.TheftThe unlawful taking of another person's property with the intent to permanently deprive them of it.RobberyThe taking of property from a person by force or intimidation.FraudIntentional deception to secure unfair or unlawful gain, or to deprive a victim of a legal right.ExtortionThe act of obtaining something by force or threat.Squandering of propertyThe wasteful or reckless spending of assets.Destruction of propertyThe act of ruining or demolishing property.Damage to propertyThe act of harming or impairing the value or utility of property.Misappropriation of propertyThe unlawful use of property belonging to another.Breach of trustThe violation of a duty of confidence or loyalty.EmbezzlementThe fraudulent appropriation of property by a person to whom it has been entrusted.Concealing stolen propertyThe act of hiding or receiving property that is known to have been stolen.Treasure troveValuables found in the earth, for which the owner is not known.Insurance fraudDeception or misrepresentation in an insurance claim to obtain financial gain.Computer fraudFraudulent activities that involve the use of computers or information technology.Document forgeryThe creation or alteration of a document with the intent to deceive.Official documentA document issued by a government authority or public official.Private documentA document created by a private individual or entity.True documentA document that is genuine and has not been altered or forged.False documentA document that is not genuine, either because it has been forged or its content is untrue.True contentInformation in a document that accurately reflects reality.False contentInformation in a document that is inaccurate or misleading.Electronic documentA document that exists in digital form.Crimes against the economyOffenses that harm the functioning of the economic system.Mismanagement of economic enterprisesThe failure to properly manage or operate a business or economic entity.Illegal production or trade of weaponsThe unlawful manufacture or sale of weapons.Smuggling of cultural propertyThe illegal import or export of items of historical or cultural significance.Illegal loggingThe unlawful cutting or removal of trees from forests.Illegal fishingThe unlawful catching or harvesting of fish or other aquatic organisms.Illegal miningThe unlawful extraction of minerals or other natural resources.Customs offensesCrimes related to the violation of customs laws and regulations.ContrabandGoods that have been imported or exported illegally.Transit offensesCrimes related to the illegal movement of goods or people through a territory.Monetary system offensesCrimes that undermine the stability and integrity of the currency.Counterfeiting of currencyThe act of producing imitation money with the intent to defraud.Circulation of counterfeit moneyThe act of passing fake currency as genuine.Credit system offensesCrimes that disrupt or compromise the functioning of the credit system.Crimes against the state apparatusOffenses that target the functioning and integrity of government institutions and officials.BriberyThe act of giving, offering, or receiving something of value to influence a public official or other person in a position of trust.Abuse of official positionThe improper use of one's position of authority for personal gain or to influence decisions.Obstruction of justiceAny act that interferes with the administration of law or the legal process.Crimes against justiceOffenses that undermine the administration of justice.False accusation (slander/libel)The act of making a false statement damaging to a person's reputation.False evidenceEvidence that is fabricated or intentionally misleading.PerjuryThe offense of willfully telling an untruth or making a false statement in a court of law or before a competent tribunal, under oath.Falsification of evidenceThe act of altering or fabricating evidence to mislead a legal proceeding.False testimonyTestimony given by a witness that is false.False expert opinionAn opinion provided by an expert witness that is intentionally misleading or inaccurate.Obstruction of justiceAny act that interferes with the administration of law or the legal process.Escape from custodyThe act of unlawfully leaving the control of law enforcement or correctional authorities.Aiding escapeAssisting a person in custody to escape.Bribery of an officialThe act of giving or receiving a bribe.Trading in influenceThe act of using one's position or connections to gain an advantage or reward through corrupt means.Provocation to briberyInciting or encouraging another person to commit bribery.Computer crimesOffenses committed using computers, computer systems, or networks.Unauthorized access to an information systemGaining access to a computer system without permission.Computer data manipulationAltering, deleting, or adding information to a computer system without authorization.Computer virusMalicious software designed to disrupt, damage, or gain unauthorized access to computer systems.Spreading of computer virusesThe act of distributing malicious software to computer systems.Violation of information confidentialityThe act of disclosing or accessing confidential data without authorization.Data protection offensesCrimes that violate laws related to the privacy and security of personal data.Offenses against cultural heritageCrimes that damage, destroy, or illegally traffic in items of cultural or historical significance.Treasure hunting (archaeological looting)The illegal search for and removal of artifacts from archaeological sites.Illegal possession of cultural artifactsThe unlawful ownership or control of items of cultural or historical significance.Destruction or damage to cultural heritageThe act of harming or obliterating items of cultural or historical value.Offenses against public order and tranquilityCrimes that disturb the peace and order of society.Public disturbanceBehavior that disrupts public peace and order.HooliganismBehavior that is disorderly, aggressive, and disruptive in public.LoiteringRemaining in a public place without apparent purpose.VagrancyThe offense of wandering about without visible means of support.BeggingThe act of asking for money or food, typically on the streets.Gambling offensesCrimes related to the unlawful organization or participation in gambling activities.Offenses against the transportation systemCrimes that endanger the safety or integrity of transportation infrastructure or vehicles.ArsonThe criminal act of deliberately setting fire to property.Arson of a vehicleThe act of deliberately setting fire to a motor vehicle.FloodingAn overflow of water that submerges land that is usually dry.Damaging or destroying a damThe act of harming or demolishing a structure that holds back water.Illegal possession of firearmsThe unlawful ownership or control of guns or other weapons.Illegal possession of explosivesThe unlawful ownership or control of materials that can cause an explosion.Illegal possession of ammunitionThe unlawful ownership or control of projectiles and propellant charges for firearms.Illegal possession of pyrotechnic articlesThe unlawful ownership or control of fireworks or other explosive devices used for display.Violation of regulations for special technical meansThe act of contravening rules related to the use of surveillance or intelligence-gathering equipment.Violation of traffic regulationsThe act of breaking traffic laws and rules.Reckless drivingOperating a vehicle in a dangerous or careless manner.Driving under the influence of alcohol or drugsOperating a vehicle while impaired by intoxicating substances.Hit-and-runLeaving the scene of an accident without rendering aid or providing identification.Unlawful taking of a motor vehicleThe act of unlawfully taking possession of a vehicle.Illegal use of a motor vehicleOperating a vehicle for an unauthorized purpose.Unauthorized operation of a motor vehicleDriving a vehicle without a valid license or permit.Violation of the regime for special technical meansThe act of contravening the rules governing the use of surveillance equipment.Unauthorized access to information systemsGaining access to computer systems without permission.Destruction or damage to computer dataAltering, deleting, or corrupting information in a computer system.Illegal possession of computer programsThe unlawful ownership or control of software.Illegal possession of computer dataThe unlawful ownership or control of information stored in a computer system.Falsification of documentsThe act of creating or altering documents with the intent to deceive.Official document forgeryThe forgery of documents issued by government authorities.Private document forgeryThe forgery of documents created by private individuals or entities.False content (in a document)Information in a document that is inaccurate or misleading.False authorship (of a document)Presenting a document as created by someone other than the actual author.Electronic signatureA cryptographic mechanism used to authenticate the sender of an electronic message or document.Crimes against public order and tranquilityOffenses that disturb the peace and order of society.Manifest incitementPublicly encouraging or advocating for criminal acts.Organized criminal groupA structured association of individuals formed to commit crimes.Participation in a criminal groupBeing a member of an organized criminal group.Failure to prevent a crimeThe act of not taking reasonable steps to prevent a crime from occurring when one has the opportunity and it is safe to do so.Self-governance (unlawful self-help)Taking the law into one's own hands to resolve a dispute or enforce a perceived right.HooliganismBehavior that is disorderly, aggressive, and disruptive in public.VagrancyThe offense of wandering about without visible means of support.BeggingThe act of asking for money or food, typically on the streets.GamblingThe act of playing games of chance for money or other stakes.Illegal gamblingConducting or participating in gambling activities that are not authorized by law.Illegal loggingThe unlawful cutting or removal of trees from forests.Illegal fishingThe unlawful catching or harvesting of fish or other aquatic organisms.Illegal miningThe unlawful extraction of minerals or other natural resources.Crimes against the customs regimeOffenses that violate customs laws and regulations.ContrabandGoods that have been imported or exported illegally.Transit offensesCrimes related to the illegal movement of goods or people through a territory.Monetary system offensesCrimes that undermine the stability and integrity of the currency.Counterfeiting of currencyThe act of producing imitation money with the intent to defraud.Circulation of counterfeit moneyThe act of passing fake currency as genuine.Credit system offensesCrimes that disrupt or compromise the functioning of the credit system.BriberyThe act of giving, offering, or receiving something of value to influence a public official or other person in a position of trust.Abuse of official positionThe improper use of one's position of authority for personal gain or to influence decisions.Obstruction of justiceAny act that interferes with the administration of law or the legal process.PerjuryThe offense of willfully telling an untruth or making a false statement in a court of law or before a competent tribunal, under oath.Falsification of evidenceThe act of altering or fabricating evidence to mislead a legal proceeding.False testimonyTestimony given by a witness that is false.False expert opinionAn opinion provided by an expert witness that is intentionally misleading or inaccurate.Concealment of evidenceThe act of hiding or destroying evidence to prevent its use in a legal proceeding.Escape from custodyThe act of unlawfully leaving the control of law enforcement or correctional authorities.Aiding escapeAssisting a person in custody to escape.Bribery of an officialThe act of giving or receiving a bribe.Trading in influenceThe act of using one's position or connections to gain an advantage or reward through corrupt means.Provocation to briberyInciting or encouraging another person to commit bribery.Computer crimesOffenses committed using computers, computer systems, or networks.Unauthorized access to an information systemGaining access to a computer system without permission.Computer data manipulationAltering, deleting, or adding information to a computer system without authorization.Computer virusMalicious software designed to disrupt, damage, or gain unauthorized access to computer systems.Spreading of computer virusesThe act of distributing malicious software to computer systems.Violation of information confidentialityThe act of disclosing or accessing confidential data without authorization.Data protection offensesCrimes that violate laws related to the privacy and security of personal data.Offenses against cultural heritageCrimes that damage, destroy, or illegally traffic in items of cultural or historical significance.Treasure hunting (archaeological looting)The illegal search for and removal of artifacts from archaeological sites.Illegal possession of cultural artifactsThe unlawful ownership or control of items of cultural or historical significance.Destruction or damage to cultural heritageThe act of harming or obliterating items of cultural or historical value.Offenses against public order and tranquilityCrimes that disturb the peace and order of society.Public disturbanceBehavior that disrupts public peace and order.HooliganismBehavior that is disorderly, aggressive, and disruptive in public.LoiteringRemaining in a public place without apparent purpose.VagrancyThe offense of wandering about without visible means of support.BeggingThe act of asking for money or food, typically on the streets.Gambling offensesCrimes related to the unlawful organization or participation in gambling activities.Offenses against the transportation systemCrimes that endanger the safety or integrity of transportation infrastructure or vehicles.ArsonThe criminal act of deliberately setting fire to property.Arson of a vehicleThe act of deliberately setting fire to a motor vehicle.FloodingAn overflow of water that submerges land that is usually dry.Damaging or destroying a damThe act of harming or demolishing a structure that holds back water.Illegal possession of firearmsThe unlawful ownership or control of guns or other weapons.Illegal possession of explosivesThe unlawful ownership or control of materials that can cause an explosion.Illegal possession of ammunitionThe unlawful ownership or control of projectiles and propellant charges for firearms.Illegal possession of pyrotechnic articlesThe unlawful ownership or control of fireworks or other explosive devices used for display.Violation of regulations for special technical meansThe act of contravening rules related to the use of surveillance or intelligence-gathering equipment.Violation of traffic regulationsThe act of breaking traffic laws and rules.Reckless drivingOperating a vehicle in a dangerous or careless manner.Driving under the influence of alcohol or drugsOperating a vehicle while impaired by intoxicating substances.Hit-and-runLeaving the scene of an accident without rendering aid or providing identification.Unlawful taking of a motor vehicleThe act of unlawfully taking possession of a vehicle.Illegal use of a motor vehicleOperating a vehicle for an unauthorized purpose.Unauthorized operation of a motor vehicleDriving a vehicle without a valid license or permit.Violation of the regime for special technical meansThe act of contravening the rules governing the use of surveillance equipment. * * * ## Main Study Guide Content This study guide outlines the key concepts and provisions of the Special Part of the Penal Code, covering various categories of offenses. ### Interaction between the General and Special Parts of the Penal Code The norms of the general part of the Penal Code establish fundamental rules and definitions that are applicable to any norm in the special part. These rules are considered " ब्रैकेटed" because they are intentionally separated to be universally applicable. The special part, on the other hand, lists and defines specific offenses. Applying any norm from the special part necessitates adherence to the rules set forth in the general part. Professor Gruev prefers the view that special part norms possess all three classic elements: hypothesis, disposition, and sanction, with the hypothesis being derived from the general part rules when not explicitly stated in the special part. Crucially, definitions for concepts like "guilt" are typically found in the general part and are not repeated in the special part. ### The Structure and System of the Special Part The special part of the Penal Code is structured into chapters and sections, often organized based on the "object of encroachment" – the societal relations or values that a crime harms or endangers. This organizational principle is evident in the classification of offenses. For instance, crimes against the person are grouped together because they all affect the human being and their fundamental rights and well-being. * **Generic object:** This refers to a broad category of related societal relations that forms the basis for organizing entire chapters. For example, the generic object of Chapter 2 is the human person and their rights and values. * **Group object:** This is a more specific categorization within a generic object, used to organize sections within chapters. For instance, within the chapter on offenses against the person, sections are dedicated to offenses against life and health, offenses against freedom, etc. * **Immediate object:** This is the specific societal relation or value that a particular crime directly affects. The structure of the special part is dynamic, reflecting societal changes and legislative priorities. New offenses are introduced, and existing ones are amended or repealed as societal norms and perceived threats evolve. The frequent changes in the special part are often attributed to legislative responsiveness to societal relationships and sometimes to extra-legal considerations. ### Key Concepts in Defining Offenses Understanding the constituent elements of a crime is crucial for proper legal qualification. These elements are typically categorized as follows: 1. **Object of encroachment:** This involves identifying the societal relations or values that the offense targets. 2. **Objective side:** This includes the physical act or omission, the means used, the consequences of the act, and any attendant circumstances. 3. **Subject of the crime:** This refers to the perpetrator of the offense, considering any specific qualifications or requirements mandated by law (e.g., being a public official). 4. **Subjective side:** This encompasses the mental state of the perpetrator, primarily focusing on guilt (intent or negligence), motives, and purpose. **Tip:** When analyzing any offense, systematically address these four categories to ensure a comprehensive understanding. ### Classification of Offenses within the Special Part The special part of the Penal Code distinguishes between different types of offenses based on their structure and the nature of the perpetrator's conduct: * **Basic composition:** This outlines the fundamental elements of a crime. * **Qualified composition:** This includes the elements of the basic offense plus aggravating circumstances that increase the severity of the crime and its penalty. These circumstances often relate to the victim's status, the means used, or the perpetrator's intent. * **Privileged composition:** This involves the elements of the basic offense along with mitigating circumstances that reduce the severity of the crime and its penalty. These may include circumstances that lessen the perpetrator's culpability or the overall societal danger of the act. The presence of qualified and privileged compositions for a particular offense is at the discretion of the legislator, based on their assessment of the offense's societal significance and the desired level of differentiation in criminal responsibility. ### Lecture Breakdown and Key Areas of Focus The provided document consists of lecture notes covering various chapters of the Special Part of the Penal Code. Key areas discussed include: **Lecture 1-2: Offenses Against the Republic** This section delves into crimes that threaten the state's sovereignty, territorial integrity, and internal order. It covers: * **Treason:** Acts aimed at undermining the state's security and constitutional order. * **Espionage:** The act of obtaining state secrets for foreign entities. * **Sabotage and Vandalism:** Actions that damage state property or infrastructure. * **Terrorism:** Acts of violence intended to create fear and destabilize society. * **Disrupting state authority:** Acts that aim to weaken or overthrow the government. **Lecture 3-5: Offenses Against the Person** This extensive section focuses on crimes directly affecting individuals, including: * **Offenses against life:** * **Murder:** Unlawful killing of another person. Different degrees of murder are discussed, including premeditated murder, murder committed with aggravating circumstances (e.g., killing a public official, a child, a pregnant woman, or in a particularly cruel manner), and privileged murder (e.g., in a state of severe emotional distress or exceeding the limits of self-defense). * **Causing death by negligence:** Unintentional killing due to recklessness or carelessness. * **Criminal abortion:** The illegal termination of a pregnancy. * **Offenses related to suicide:** Assisting or inciting another person to commit suicide. * **Offenses against health:** * **Bodily injury:** Causing harm to another person's physical integrity. Distinctions are made between grievous, medium, and slight bodily injuries, based on the severity and duration of the harm. * **Causing death by professional negligence:** Negligent acts by professionals leading to a patient's death. * **Causing death by mixed guilt:** When death results from an intentional act of bodily harm. * **Offenses against liberty:** * **Kidnapping:** Unlawful abduction of a person. * **Unlawful deprivation of liberty:** Unlawfully restricting a person's freedom of movement. * **Coercion:** Forcing someone to act or refrain from acting through force, threat, or abuse of authority. * **Threat:** Threatening harm to a person's life, health, or property. * **Human trafficking:** The exploitation of individuals for labor or sexual purposes. * **Offenses against honor and dignity:** * **Disclosure of secrets:** Revealing confidential information. * **Insult:** Speech or actions that disrespect or offend. * **Defamation:** Making false statements that harm a person's reputation. * **Offenses against sexual integrity:** This section covers acts that violate a person's sexual freedom and autonomy, including various forms of sexual assault and exploitation. **Lecture 6-7: Offenses Against Public Order and Tranquility, and Offenses Against the Economy** This part addresses acts that disrupt societal peace and harm economic activities: * **Public order offenses:** Includes acts like public incitement, organized crime, hooliganism, vagrancy, begging, and offenses related to gambling and public safety. * **Economic offenses:** Covers crimes affecting various economic sectors, including industry, agriculture, trade, forestry, fishing, mining, customs regulations, monetary and credit systems, and intellectual property. Examples include mismanagement, fraud in trade, illegal possession of restricted goods, counterfeiting, and various forms of embezzlement and fraud. **Lecture 8-10: Crimes Against State Administration, Justice, and Bribery** This section details offenses that obstruct or corrupt the functioning of government institutions: * **Offenses against the order of administration:** Crimes committed by individuals outside the state apparatus against public officials or institutions, such as unlawful influence, obstruction, and damaging official seals. * **Offenses in office (crimes by officials):** Crimes committed by public officials in the course of their duties, including abuse of authority, dereliction of duty, and unlawful disclosure of information. * **Crimes against justice:** Offenses that undermine the administration of justice, such as false accusation, perjury, falsification of evidence, and aiding criminals to escape punishment. * **Bribery:** The act of giving or receiving illicit advantages to influence official actions, covering both active and passive bribery, as well as trading in influence. **Lecture 11-14: Property Crimes** This significant portion focuses on offenses against property rights: * **Theft:** Unlawful taking of another's movable property with the intent to permanently deprive them of it. * **Robbery:** Theft committed by force or intimidation. * **Misappropriation:** Unlawfully converting property entrusted to one's care for personal gain. * **Embezzlement:** Fraudulent appropriation of property by a person to whom it has been entrusted. * **Fraud:** Deceiving another person to obtain property or a legal right. * **Extortion:** Obtaining property through threats or coercion. * **Receiving stolen property:** Knowingly possessing or concealing property that has been stolen. * **Destruction or damage to property:** Unlawfully harming or destroying property. * **Abuse of trust:** Violating the trust placed in someone regarding property management or protection. **Lecture 15-18: Common and General Safety Offenses** This covers offenses that endanger the public at large: * **Common safety offenses:** Acts that create a widespread danger to public health, safety, or the environment, including arson, causing floods, and offenses related to the handling of dangerous substances like weapons, explosives, and pyrotechnics. * **Transportation offenses:** Crimes that disrupt or endanger transportation systems, including acts affecting air, rail, sea, and land transport. * **Offenses against public health and the environment:** Crimes that harm public health or the natural environment, such as poisoning water sources or illegal trafficking of endangered species. * **Offenses related to nuclear energy:** Crimes involving the misuse of nuclear materials or technology. **Lecture 19-26: Crimes Against the State Apparatus, Justice, Bribery, Computer Crimes, Document Offenses, and Offenses Against Public Order** These lectures cover a wide range of offenses, reiterating and expanding on previously introduced concepts: * **Offenses against the state apparatus:** Crimes that undermine the functioning of state institutions and public order, including offenses against public officials, corruption, and bribery. * **Crimes against justice:** Further details on offenses that obstruct the legal process, including false accusations, perjury, and aiding criminals. * **Computer crimes:** Offenses involving the misuse of computers and information technology, such as unauthorized access, data manipulation, malware distribution, and computer fraud. * **Document offenses:** Crimes related to the creation, alteration, or use of false or misleading documents, including forgery of official and private documents, and false representation of information. * **Offenses against public order and tranquility:** A broad category encompassing acts that disrupt public peace, such as hooliganism, vagrancy, begging, and offenses related to gambling. **Common mistakes to avoid:** * Confusing the general and special parts of the Penal Code. * Misinterpreting the "object of encroachment" for specific offenses. * Failing to distinguish between different forms of intent (direct vs. eventual) and negligence. * Overlooking the importance of specific elements within a crime's composition (e.g., the perpetrator's qualifications, the specific means used). * Confusing similar but distinct offenses (e.g., theft vs. robbery, insult vs. defamation). * Incorrectly applying the concept of "attempt" versus "completed crime." * Underestimating the significance of specific legal definitions provided in the Penal Code or related laws (e.g., the definition of a document, a public official, or an organized criminal group). * Neglecting the nuances of "blaknet" provisions, which require reference to external legal acts for full interpretation. * Failing to recognize the distinction between criminal offenses and administrative violations. * Misinterpreting the temporal aspect of offenses (e.g., when a crime is considered completed). * Overlooking the specific subjective elements (e.g., special intent) required for certain offenses. * Confusing the roles of different types of participants in a crime (e.g., instigators, accomplices, accessories). * Not understanding the specific context and requirements for offenses involving public officials or particular spheres of activity (e.g., economic or military offenses).