Qualification of a Crime

Qualification of a Crime

 

in criminal law, the establishing and designating in the appropriate procedural acts of the precise correspondence of the features of the act committed tothe elements of the crime as provided by the criminal law. The qualification of the crime is the basis for assigning punishment and for other legal consequences of the perpetrated crime. Soviet jurisprudence considers the correct qualification of the crime an important factor in the observance of socialist legality in criminal procedure. The incorrect qualification of a crime, that is, the application of a law that does not conform to the actual circumstances of the case, misrepresents the nature of perpetrated crimes and entails the passing of an erroneous sentence. An error in the qualification of a crime constitutes a ground for reversing or modifying a sentence.

Full browser ?