Crime Classification and Definition: Legal Perspectives
Concept of Crime
There are several definitions of crime: doctrinal, substantial, and legally defined. Sociologically, crime is a serious breach of social order, but this is a pre-legal concept.
Doctrinal Concepts
Each author presents their own definition, aiming to establish the moral and philosophical foundations of punishable offenses. Examples include:
I) Garofalo: Crime violates fundamental altruistic sentiments like piety and probity.
II) Francisco Carrara: Crime violates state law enacted to protect citizens’ safety, resulting from an external act of morally positive or negative nature, publicly attributed as harmful.
Substantial Definition
Crime is an act or omission that is characteristic, unlawful, and guilty. This definition forms the basis of crime theory.
Legal Definition (Art 1 CP)
A crime is any act or omission punishable by law. Modern codes often avoid defining crime, as each crime is a specific action or omission in criminal law.
Considerations of the legal definition:
I) It’s not original, copied from the Spanish penal code.
II) It provides an authentic interpretation of the law for each crime.
III) It’s criticized for being tautological, making anything the law defines as a crime.
IV) It’s based on classical school principles: a material element (action), a subjective element (will), and an objective legal element (conviction or punishment).
Elements of Crime
I) Conduct or Action: External behavior, either positive (doing something) or negative (omission).
II) Typical: The act or omission must be punishable by law, based on a teleological interpretation.
III) Unlawful: Although not explicitly stated in the legal definition, it’s implied through systematic interpretation of the penal code, considering grounds for justification like self-defense.
IV) Guilt: Refers to voluntary action and the ability to require different behavior from the subject.
Classification of Crimes
1) Severity of Sentence
a) Crimes
b) Simple crimes
c) Fouls
This classification is based on sentence severity, not the intrinsic gravity of the act.
A) Crimes
Crimes with sentences of life imprisonment or custodial sentences ranging from 5 years and one day to 20 years.
B) Simple Crimes
Involve deprivation or restriction of liberty, with sentences from 61 days to 5 years.
C) Fouls
Prison sentences ranging from one day to 60.
2) Aim Pursued
a) Political crimes: Alter existing institutional structures.
b) Common crimes: All others.
c) Related Crimes: Committed in order to commit a political crime.
3) Subject’s Intention
A) Crime: Committed with intent.
B) Intentional crimes: Committed with negligence or carelessness.
C) Felony offenses: Intentional act resulting in a worse outcome than intended.
4) Nature of Conduct
a) Crimes of Action: Active behaviors.
b) Offences of Omission: Passive behaviors, including:
I) Crimes of Omission Own: Punished for failing to act.
II) Misconduct Crimes of Omission: Punished for not preventing an outcome despite a duty to act.
5) Required Result
a) Crimes of mere activity or formal: Do not require a change in external reality.
b) Crime score: Require a result as a consequence of the action.
6) Nature of Criminal Offenses
a) Crimes of public prosecutions: Pursued without complaint from the affected party.
b) Private criminal offenses: Pursued only at the request of parties.
c) Joint criminal offenses: Require complaints from concerned parties but are then handled as public action.
7) Number of Acts Required
a) Crimes Simple: Satisfied with the execution of the described act.
b) Habitual Crimes: Require consistent repetition of acts.
c) Complex Crimes: Require different actions to constitute the crime.
d) Continuing Offences: Multiple acts treated as one offense under certain conditions.
8) Duration
a) Crimes Instant: Conceived in a moment.
b) Permanent crimes: Extend over time.
9) Effects Related to Legal Property
a) Crimes of Injury: Involve violation of a legal right.
b) Crimes of Danger: Threaten a legal right.
10) Number of Affected Legal Property
a) Crimes Uniofensivos: Affect one legal right.
b) Crimes Pluriofensivos: Affect multiple legal goods.
11) Verbs Governing
a) Crimes of a scenario contemplated conduct: Single possible commission.
b) Offences are several hypotheses: Multiple governing verbs.
12) Quality of the Active Subject
a) Crimes of active subject indifferent: Can be committed by anyone.
b) Crimes of qualified active subject: Require a specific subject.
13) Number of Taxable Assets
a) Crimes of active subject singular: Require one subject.
b) Crimes of active subject plural: Require multiple subjects.
14) Degree of Development
a) Crimes accompli: Completed offense.
b) Crimes Frustrated: All actions taken but not consumed.
c) Crimes Tempted: Execution begins but not completed.
15) Arrest
a) Obvious crimes: Allow detention without a prior court order.
b) No flagrant crimes: Require a court order for detention.