Класифікація злочинів та її значення

Класифікація злочинів передбачає поділ їх на види (категорії) за тим чи іншим критерієм.

Стаття 12 Кримінального кодексу України (класифікація злочинів) критерієм класифікації злочинів називає ступінь їх тяжкості. Роль формального класифікатора за цим критерієм виконують санкції статей Особливої частини КК України, які визначають міру покарання у виді позбавлення волі.

Залежно від ступеня тяжкості закон поділяє злочини на чотири категорії:

1) злочини невеликої тяжкості. За ці злочини передбачено покарання у виді позбавлення волі на строк не більше двох років або інше, більш м'яке покарання;

2) злочини середньої тяжкості. За них передбачено покарання у виді позбавлення волі на строк не більше п'яти років;

3) тяжкі злочини. Санкція відповідних статей передбачає за ці злочини покарання у виді позбавлення волі на строк не більше десяти років;

4) особливо тяжкі злочини, до яких належать суспільно небезпечні діяння, за які передбачено покарання у виді позбавлення волі на строк понад десять років або довічне позбавлення волі.

Task 1.18. Read about the US crime classification and compare with Ukrainian one:

U.S. Classification

Violations of laws, which are derived from common law, are classified as Part I crimes in UCR (Uniform Crime Reports) data, and further categorized as violent and property crimes. Part I violent crimes include murder and criminal homicide (voluntary manslaughter), forcible rape, aggravated assault, and robbery, while Part I property crimes include burglary, arson, larceny/theft, and motor vehicle theft. All other crimes are classified as Part II crimes.

Crimes are grouped into felonies and misdemeanors. For convenience, infractions are also usually included in such lists although, in the U.S., they may not be the subject of the criminal law, but rather of the civil law.

An offence is classified if the maximum term of imprisonment authorized is:

(1) life imprisonment, or if the maximum penalty is death, as a Class A felony;

(2) twenty-five years or more, as a Class B felony;

(3) less than twenty-five years but ten or more years as a Class C felony:

(4) less than ten years but more five or more years, as a Class D felony;

(5) less than five years but more than one years, as a Class E felony;

(6) one year or less but more than six months, as a Class A misdemeanor;

(7) six months or less but more than thirty days, as a Class B misdemeanor;

(8) thirty days or less but more than five days, as a Class C misdemeanor;

(9) five days or less, or if no imprisonment is authorized, as an infraction.

Task 1.19. Name the crimes. The box gives the names of 22 crimes. Match the crimes to their definitions presented below:

arson • assassination • assault • bigamy • blackmail

bribery • burglary • embezzlement • espionage • extortion

forgery • fraud • libel • manslaughter • murder • perjury

piracy • robbery • indecency • smuggling • theft • treason

1. Assault acting in such a way as to make someone believe he or she will be hurt.

2. ________ betraying your country to a foreign power.

3. ________ copying patented inventions or copyrighted works.

4. ________ entering a building illegally and stealing things.

5. ________ getting money from people by threatening to publicize facts they do not want revealed.

6. ________ getting money from people by using threats.

7. ________ getting property or money from people by making them believe untrue

things.

8. ________ going through a ceremony of marriage when you are still married to

someone else.

9. ________ killing a public figure illegally and intentionally.

10. ________ killing someone illegally and intentionally.

11. ________ killing someone unintentionally or in mitigating circumstances.

12. ________ making an illegal copy of a banknote or document.

13. ________ offering money corruptly to get someone to do something to help you.

14. ________ a form of sexual assault that does not involve rape.

15. ________ setting fire to a building.

16. ________ stealing something by using force or threatening to use force.

17. ________ stealing, taking property which belongs to someone else.

18. ________ taking goods illegally into or out of a country.

19. ________ telling lies when you have sworn an oath to say what is true in court.

20. ________ trying to find out secrets by illegal means.

21. ________ using illegally or stealing money which you are looking after for someone

else.

22. ________ writing, publishing or broadcasting a statement which damages someone's

character.

Task 1.20. In this table there are 22 crimes and seven categories of crime. Decide which category each crime belongs to:

	Crimes against the person	Crimes against property	Sexual offences	Political offences	Offences against justice	Public order offences	Road traffic offences
Burglary		
Reckless driving
Obscenity
Murder
Theft
Rape
Treason
Breach of the peace
Manslaughter
Assassination
Buggery
Abduction
Bigamy
Perjury
Robbery
Assault
Blackmail
Grievous bodily harm
Forgery
Battery
Sedition
Contempt of court

Task 1.21. Study the names of the crimes, the people that correspond to the following committed actions and clear up the meanings of the following terms using a dictionary. Using the words from the table make up 10 sentences of your own:

Verb	Crime	Person
to commit	crime	criminal
to burgle	burglary	burglar
to murder	murder	murderer
to rape	rape	rapist
to rob	robbery	robber
to steal	theft	thief
to smuggle	smuggling	smuggler
to hijack	hijacking	hijacker
to shoplift	shoplifting	shoplifter
to betray	treason	traitor
to spy	espionage	spy
to set fire to property	arson	arsonist
to steal from a shop	shoplifting	shoplifter
to steal from a bag or pocket	pickpocketing	pickpocket
to forge	forgery	forger
to counterfeit	counterfeiting	counterfeiter
to embezzle	embezzlement	embezzler
to blackmail	blackmail	blackmailer
to bribe	bribery	briber

Task 1.22. A mind map is a way of organizing vocabulary to show the connections between words. This mind map is based on the word 'theft'.

Task 1.22 A. Study the word associations of the word using a dictionary.

Task 1.22 B. Design a mind map for one of the following:

● crime ●homicide ● destruction

to mug a person

a mugger

a mugging

to hold up a place

a hold-up

housebreaking

to break in

to break into a place

a break-in

breaking and entering

to rob a place / a person

a robber

a robbery

Theft

shoplifting

a shoplifter

to burgle a place

a burglar

a burglary

a thief

kleptomania

a kleptomaniac

to pick someone's pocket

a pickpocket

to steal a thing

(stole / stolen)

stolen property

Task 1.22 C. Find words in the mind map which fit these definitions:

The past participle of the verb steal ______________________________________.

A person who enters a house to steal things________________________________.

To steal something from a person's pocket without him or her noticing__________ .

To stop a person on the street and using violence or threats to rob him or her_____ .

Going into a building by force to steal things (one word)_____________________ .

A person who steals from a shop________________________________________ .

A psychological compulsion to steal things________________________________.

A person who commits an act of theft____________________________________ .

To rob a place, usually by using guns or other weapons______________________ .

Things obtained by robbery____________________________________________.

Task 1.23. Anagram. Read the definitions and put the letters in order to make 11 words that correspond to people committed the following actions.

The first anagram is done as an example: an accomplice is a person who helps another person perform a criminal act.

1. Criminal's assistant _____ACCOMPLICE_________________ ACCCEILMOP

2. A person who betrays his/her country to another state_____________ ROTATIR

3. A person who steals something from a person or place, especially by violence or threat ______________________________________________ BOBERR

4. A person who sets fire to property illegally________________ NARSISTO

5. A person who makes false money or signatures _____________ GERROF

6. A person who buys and sells drugs illegally_____________ DURG DALEER

7. Someone who brings goods into a country illegally without paying tax _____________________________________ MUGGRELS

8. Someone who takes away people by force and demands money for their return______________________________________ NAPPERKID

9. A person who takes control of a plane by force and makes the pilot change course_________________________________________ JACKHIER

10. A person who gets secret information from another country ________ SYP

11. A person who uses violence for political reasons _______________ SIRRROTTE

Task 1.24. Read ten statements by defendants and say what crime each one has been accused of. The list of the crimes in the box may help you to match the crimes to their definitions:

smuggling • espionage • blackmail • forgery • murder • embezzlement or fraud • piracy • bigamy • burglary • bribery •

1. "I arrived home late and found that I'd forgotten my keys. I didn't want to wake my wife up, and I saw there was a ladder in the garden of the house next door. I got the ladder and climbed in. We've just moved house and I didn't realize I was in the wrong street..."

2. "I was walking my dog when I saw the gun lying on the ground. I picked it up - it was still warm – and at that moment I saw the body lying in the long grass. I went across to look and it was my business partner. That's when the police arrived..."

3. "I opened the bank account in a false name as a way to help my employer pay less tax - it's perfectly legal. I kept meaning to tell him, but somehow I just forgot. I bought the villa in France with my own money. It was an inheritance..."

4. "OK, so there are 123 copies of the video. That's perfectly true, but I had no intention of selling them. I'm a collector."

5. "Well this obviously isn't my suitcase. I've never seen these things before in my life. The monogram? Well, they are my initials, but that must be a coincidence. That's probably how the two cases got mixed up. After all, JA aren't very unusual initials. A photograph with me in it? My word, that's incredible! It must be someone who knows me..."

6. "I didn't know my wife was still alive, I thought she'd died in a car accident. I couldn't believe it when I saw her walk into the room. Surely you don't think I married you just to get your money...?"

7. "You misunderstand me. When I offered him the money I meant it as a gift. I know that life can be difficult for a young man on a police salary, especially if he has a family, young children etcetera. It isn't easy and I know that. I just wanted to help. I didn't expect him to do anything in return..."

8. "After leaving the office I realized I'd forgotten my umbrella. I went back in to get it. When I went in I noticed that the photocopier was still turned on. It had been working very badly all day, and I decided to quickly see what was wrong with it before going home. I made a few test copies of documents that were in the office;. I didn't even look at what I was copying. The machine seemed to be working much better. I put the copies in my briefcase — intending to use the other side as notepaper. I don't believe in wasting paper. At that moment Mr Sanders came out of his office..."

9. "I painted them for pleasure. I had no intention of deceiving people. I never said they were by other people. Yes, I did include the signatures of other artists but that's because I wanted them to be perfect copies..."

10. "Mr Wills sent me the money to help me in my business venture — I'm trying to start a design agency. He sent me cheques every month for $1200. A couple of times he sent extra when I had special expenses. It was always understood that he would participate in the profits of the business when it was running. We didn't write anything down, it was an oral agreement. The photographs I have of him with his secretary have no connection with these payments."

Task 1.25. Work in groups. Tell your pros and cons of the following statements:

There is general agreement that …

1. Firearms play a major role in the commission of crime.

2. Legalized selling of firearms ensures security.

3. Viewing violent TV and films and listening to sexually explicit music incites young people to commit violate crimes.

4. Crime rates are linked to time and place. (e.g. Crime rates are higher in summer; urban areas as well as resort areas also affect crime rates).

5. Crime is usually considered a lower-class phenomenon.

6. Younger people are today committing greater numbers of the most violent crimes than adults.

Task 1.26.

Guess the name of the crossword. Put the words in the crossword and it`ll be easily to guess the first word across - it's the name of the crossword:

				2		7						9
	5
			6					8										10
						3
1					11
							4

Down

1. Trained lawyer, who rules on the points of law and passes sentence in a law court.

5. Act of deceiving somebody illegally in order to make money or to obtain goods.

6. Unlawfully hitting somebody or touching him or his clothes threateningly.

7. Any social harm that the law defines and makes punishable.

8. A criminal act of setting fire to property.

9. A legal action to be decided in a law court.

10. One of the most important categories of crime at common law.

11. Place, where legal cases are held and tried.

Across

1. Proper administration of laws.

2. A person, who steals from pockets or bags.

3. Unlawful killing of a human being intentionally.

4. Being free from guilt or sin.

Task 1.27. Explain the meanings of the following key law terms of Unit I:

1. crime;

2. offence;

3. felony;

4. criminal law;

5. misdemeanor;

6. summary offences;

7. indictable offences;

8. infraction;

9. murder;

10. theft;

11. smuggling;

12. terrorism;

13. violence.

Task 1.28. Speak on the following topics of the Unit using the above-mentioned key terms in your oral presentation:

1. The Concept of Crime;

2. Classification of Crimes.

Task 1.29. Comment on the following quotation:

Those who live by committing violence (crime) must expect violence (crime) to be turned upon themselves.