Qualification of a real set of crimes

The article discussesthe issues related to a type of multiple crimes - the real set of crimes. Under the totality of the real crime is understood the personimplementing several actions (acts of omission) of two or more offences, for none of which the person has been convicted. The articlehighlights the real signs of multiple offences. The author notes that the offences that make a real set are differently characterized bysubjective orientation according to the method, time and place of their commission, the nature of the relationship of crimes to eachother. The paper analyses the types of multiple offences related to each other in a certain way. An opinion is given on how to qualifycrimes in the given circumstances. Particular attention is paid to qualifying the real set, in which a crime is a way, means of committinganother crime. The author analyses the problems of qualification of crimes in the commission of which a false document is used, crimesof illegal use of one's official authority (official position); crimes committed with violence. Violence as a way of committing a crime isstated in the articles of the Criminal Code in different ways. The article notes that the biggest challenge in qualifying is unfocusedviolence. Unspecified physical violence requires proper qualification of the crime by establishing its danger to the society (which woulddifferentiate one complex crime and a set of them). The author substantiates the conclusion that in cases where the pattern of thecomplex crime, taken as a distinct separate offence, equals to the set of crimes in the degree of social danger, and the act should qualifyfor multiple offences. If a crime is a method or means of concealing another crime or a means to avoid responsibility for it, the act, inthe author's opinion, should qualify for multiple offences. The paper analyses the problematic issues of qualification for murder alongwith other crimes, justifies the conclusion that murder, combined with other crimes listed in Part 2 of Art. 105 of the Criminal Code is acomplex compound offence, and qualifying for multiple offences in such a situation is wrong. Considering the qualifications of themurder of two or more persons (Item "a" Part 2 of Art. 105 of the Criminal Code), the author comes to a conclusion that thequalifications for it should be implemented only if the perpetrator had an intent to kill two or more persons, i.e. in case of a singlecomplex continuing crime (if murders are committed by different acts) or a single complex crime with identical outcomes (if a murderof two or more persons was committed by a single action at the same time). The article shows the difference between the set of crimesand common complex crimes of various kinds.

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