Criminal Activity as a Type of Complex Single Crime: the Concept and Qualification

Abstract

The article proposes to consider criminal activity as an independent type of complex individual crimes, having qualification rules that distinguish it from other types of complex individual crimes. Three types of crimes in which criminal activity can exist are considered, their comparison with ongoing and continuing crimes is made. Attention is drawn to the peculiarity of intent in such crimes, which determines a unified approach to their qualification. A separate place is given to the question of the moments of their actual and legal completion of the crime, as well as the time of commission, the study of which is necessary when applying the retroactive force of criminal law. The possibility of attempted crimes related to each of the three groups is discussed. The rules for the qualification of criminal activity are formulated, which differ from the rules for the qualification of other complex individual crimes, the main one of which is that criminal activity is characterized by an increase in the degree of public danger, which can change the qualification of a crime within one article of the criminal law in the process of its commission.