Weapons and means as optional (special) features of the composition of a crime

Abstract

The paper examines some features of the instrument and means as optional (special) features of the crime corpus delicti. The author notes that currently such features are presented in various interpretations in criminal legislation. To confirm this, some explanations of the Supreme Court of the Russian Federation on the understanding of certain features are highlighted. The article notes the differences in the terms «instrument» and «means». Various judgments regarding this difference are presented. Based on the results of the study, a number of conclusions are made. In particular, it was established that a unified approach to the formulation of the analyzed feature, which is presented as an «instrument and means of committing a crime», has developed in legislation and law enforcement practice. In the doctrine, there are many different judgments regarding the understanding of the categories of «instrument» and «means». For the purpose of a unified approach, it is proposed to call the considered feature of the objective side of the crime as an «instrument of the crime». It is proven that this feature can act as a constituent, qualifying, and also be taken into account when assigning a sentence only as an aggravating circumstance. The characteristic features of the instrument of crime include: it is a sign of the objective side of the criminal offense; it is involved in influencing the object of the crime; it is used by the subject of the crime directly in the criminal act; it can be expressed in both material and immaterial forms.