Offense is ... The concept and types of offenses
Rules of law are prescriptions that citizens must follow. Only in this case the optimal functioning of civil society is ensured. But there are situations when these are simply ignored and not respected. There is an offense here. This act is legally punishable. So how do you determine whether the offense was committed or not? What is the responsibility and who will avoid punishment?
Offense: definition and signs
An offense is a guilty act or inaction of a person, which is contrary to legal regulations, is harmful to third parties, which provides for the offensive for the guilty of adverse effects established at the state level.
- Offense. It is always a certain action or inaction, which is permanently controlled by the will and mind of a person.
- Protivopravnost.Only an act that violates the law is considered an offense.
- The wines. Offense is an action or inaction that does not comply with legal norms and is caused by a person’s fault.
- Harm. Any wrongful act causes some harm. In this case, there is a causal connection between the wrongful act or omission and the harm caused.
Wines can be expressed in two forms:
- Intent (direct, indirect).
- Negligence (arrogance, negligence).
Direct intent implies a full awareness of the socially dangerous nature of his actions and their consequences guilty, but despite this, he still wants their offensive. Intention can be indirect, when the offender understands what unlawful actions can lead him, but does not want to implement them, although he admits this possibility.
Self-reliance implies that the individual is aware of the consequences of his unlawful behavior, which are a danger to the public, but hopelessly hopes to avoid them. If the person does not foresee any negative and dangerous consequences for society, which may occur as a result of her actions, then there is negligence.
The offense is committed by tort persons who always give an account of their actions, understand their illegal nature and are able to bear responsibility for the consequences.
This concept is interpreted in detail in the regulatory legal acts. Any sane person belonging to a certain age category is considered to be delicable. So, in accordance with the civil and criminal law of Russia, people who have reached the age of 18 have full tort capability. At the same time, individual crimes involve responsibility from the age of 14. The case of an administrative offense and violation of labor law considers the occurrence of responsibility with 16 years.
If all of the above signs of an offense are present, then there is a legal offense.
Subjective and objective signs as the main components of the offense
The offense includes:
1. The object of the offense is relations in society, regulated by the system of law, which has been damaged as a result of a wrongful act.
2. The subject of the offense is a natural or legal person who is able to bear responsibility for their actions that are contrary to the law.
3The objective side of the offense is an external characteristic of the wrongful act: what offense was committed, in what way (group of persons, repeatedly, etc.), what harm was done, the causal link between the act and the damage, time, place and conditions of the offense, what techniques used in the commission of malicious actions and what funds were used.
4. The subjective side of the offense describes the mental state of the individual at the time of the commission of the wrongful act. Defines the target orientation of the offense, the motive and guilt.
Species classification of legal violations
Depending on the danger to society, offenses are divided into:
- Lungs. Criminal acts committed with intent or through negligence, the maximum sentence for which does not exceed two years.
- Moderate severity. Violations of the law, which entail a criminal liability of a maximum of five years in prison.
- Heavy. Wrongful acts or omissions providing for not more than ten years of imprisonment.
- Especially heavy.Actions that are contrary to the law, the punishment for which is more than ten years of restriction of freedom or a more serious punishment.
2. Misconduct. These are guilty actions or omissions that do not comply with legal norms and do not represent a public danger. Responsibility for misconduct does not come in the form of punishment, but in the form of foreclosure and penalties. Misdemeanors are:
- Administrative - guilty acts contrary to the legislation of the Russian Federation. They have an aggressive nature in relation to the state or public order or property, the rights and freedoms of citizens, the established order of government.
An administrative offense case may mean for the perpetrator receiving a warning, issuing fines, depriving a special right (to hunt, fishing, driving a vehicle), performing correctional work, being under administrative arrest.
- Disciplinary violations in the labor, office, educational and military fields of activity. For violation of labor discipline, a disciplinary sanction may be provided in the form of a remark, reprimand, transfer to the lower level of the career ladder on a temporary basis, dismissal.
- Civil law - illegal actions, the consequences of which caused harm to another person, organization or property, non-compliance with the terms of the contract or contract, the dissemination of false rumors to the detriment of the reputation of the stipulated, violation of intellectual property rights, copyright. Responsibility for civil law offenses is established at the legislative level or provided for by the terms of the contract. The main form of responsibility is material.
Tax offenses - acts that violate the legal framework on taxes and fees. Under the act may mean both action and inaction. The latter, for example, includes non-payment of tax.
Types of tax offenses
Varieties of tax law violations:
- delayed registration with the tax inspectorate;
- intentional avoidance of registration;
- late submission of information on opening and closing a bank account;
- tax evasion;
- non-compliance with the rules for recording income and expenses, objects of taxation;
- tax evasion or not fully paid;
- illegal actions aimed at excluding the possibility of access by a tax service official, body of an extra-budgetary fund of a state scale to an enterprise, organization or premises;
- evading the provision of information necessary for tax control;
- unlawful concealment of information;
- violation of the procedure for possession, exploitation or disposal of property under arrest.
Punishment for tax offenses
Responsibility for certain tax violations dictate the Tax Code and the Law of the Russian Federation "On the Basics of the Tax System of the Russian Federation." This may be the imposition of tax sanctions or administrative liability.
What circumstances can reduce the degree of responsibility?
The circumstances contributing to a decrease in the degree of responsibility and the severity of punishment are called mitigating. These include:
- the commission of an offense as a result of the confrontation of the harsh circumstances of a personal or family plan;
- committing an unlawful act under pressure from outside or under the influence of threats;
- the commission of an unlawful act or omission in the conditions of dependence of the material, service, etc .;
- other circumstances that may be considered mitigating by the judicial authorities.
Responsibility for offenses does not occur at all if 3 years have passed since the day a tax crime was committed or from the next day after the end of the tax period in which this wrongful act was committed. It is worth noting that the above provision loses its force if the tax offense was non-compliance with the procedure for recording income, expenses and tax volumes or evading tax payments.
Causes of infringement
The reasons for committing an unlawful act can be divided into two groups:
Biological reasons are associated with the presence of unfair blood reputation, that is, they determine the presence of a genetic predisposition to perform certain actions that are dangerous to society.
Social causes include the following prerequisites:
- the level of professionalism and effectiveness of law enforcement services;
- alcoholism, drug addiction, substance abuse.
Offense and crime
Offense and crime are concepts that are extremely difficult to distinguish. The crime itself is an offense, but not every offense is classified as a crime.
The main distinguishing feature of a crime is a high degree of danger to which the public or society is exposed. In addition, all types of crimes are enshrined in the Criminal Code of the Russian Federation and, as a rule, entail imprisonment, unlike other types of offenses.
Prevention of offenses has always been carried out, and will continue to be implemented. Reducing the growth of crime is one of the most pressing and socially significant tasks. The severity of the problem is explained by the fact that crime is getting younger and takes a steady recurrent nature. Among young people, criminalization is developing the most. According to statistics, it is juvenile delinquency that has the largest share.
The main way to fight crime is social pedagogy.It implies a pedagogical and educational-preventive effect on a person, which contributes to the formation of a person’s firm and correct life attitudes. The causes and sources provoking a violation of the law are studied, and on the basis of this information, crime prevention is built.
It is worth noting that the preferred area of prevention is the comprehensive development of the problem of early warning of illegal actions by persons under the age of majority. Preventive work with people of this age group should be carried out through the involvement of the family and their immediate environment. Only in this way can juvenile delinquency be prevented.
In what cases the responsibility for the offense does not occur
- In the case when the offense was committed in the absence of free will.
- Lawful actions as a result of the necessary defense in case of encroachment on life, rights and freedoms.
- Performing socially dangerous actions in conditions of extreme necessity.
- Committing unlawful acts in a deranged state.
- Causing harm to the person who committed the crime during the arrest of this attacker.In this case, the purpose of such actions should be the transfer of the offender to authorized bodies.
- When the offense is an order or an order.
- Damage caused by circumstances that the person could not have foreseen or prevented.