Some lawyers believe that public danger is an inherent feature of offenses less dangerous than the damage, which is not punishable by criminal and administrative order.
What is the specificity of the social danger of the crimes?Various types of crimes vary in severity and, respectively, a public hazard.Even an inexperienced person in the law is clear that a robbery - a crime more dangerous than, for example, theft or disorderly conduct.A murder committed without extenuating circumstances, much more dangerous crime than the same robbery.Therefore, the weight of responsibility for different social danger of the crime must also be different.This is clearly stated in paragraph 3 of Article 60 of t
he Criminal Code: "In sentencing is taken into account the nature and degree of social danger of the crime."
That degree of public danger is one of the main factors that allow to differentiate crimes "simple", "aggravated" and "with extenuating circumstances."And for the risk assessment and, accordingly, attributing the crimes to one of the above categories, you must consider a number of factors: the object of the crime, the magnitude of the damage, the motivation of the perpetrator, the degree of his guilt (if the crime was committed by a group of persons), etc.Accurate assessment of the degree of public danger can be given only after careful consideration of all these factors, as well as taking into account the mitigating or aggravating circumstances.
In some cases, the public danger of a crime does not entail criminal liability?Article 77 of the Criminal Code provides that an offender may be exempted from criminal liability in the event that either the person or the act committed by him has ceased to be socially dangerous.Similar rules exist in the criminal law of many other countries.This happens if the criminal law is "lagging behind" from the realities of life and deeds, until recently considered socially dangerous, is now firmly established in the life of the great majority of society.For example, in the last years of the Soviet Union has acted norms punishing for speculation or the purchase and sale of foreign currency.In reality, it turned a blind eye, and in rare cases, if it still came to court, the defendants were released from liability.