Solving an offense is often even more difficult than investigating and proving a crime. This is due to the many different details and elements that may be present in violation of the law. The Russian Administrative Code establishes a number of features, special circumstances and evidence in cases of administrative offenses. It is about these elements that will be described in detail in the article.
Signs of an offense
According to Article 2.1 of the Code of Administrative Offenses of the Russian Federation, an offense may take two forms: action and inaction. Together, these species are called acts. What is characteristic of an act contrary to law? First offense. Inaction or action may be permitted contrary to the law. Secondly, the offense is characterized by guilt. At the same time, wine can have several types, including intent and negligence.
A deliberate violation of law is characterized by an awareness of the perpetrator of the incident. The offender understands perfectly well that he is breaking the law, but does not want to stop. In the case of an offense by negligence, the guilty person could foresee the consequences of illegal actions, but in no way had the opportunity to influence their prevention.
A case of an intentional administrative offense is much more serious than a case of negligence. That is why the sanctions here are set more stringent.
Among other signs, the subject of the offense and the punishability of the act are also distinguished.
The objective side of an administrative offense
Guilty, wrongful, punishable, the presence of the subject - all this may not be enough to initiate an administrative case. In the absence of corpus delicti it is impossible to talk about the possibility of initiating an administrative case.
What does the administrative composition of the violation include? First of all, an object. In this case, it is public relations, which are protected by a series of sanctions. The common object will be the totality of public relations, which are regulated by the norms of Russian law. The object also has a division into two forms: generic and immediate. Generic objects are offenses recorded in parts of the Code of Administrative Offenses of the Russian Federation: these are civil rights, relations in the field of property protection, etc. There is also a direct object, which is highlighted in separate chapters of the Code of Administrative Offenses of the Russian Federation. Thus, immediate objects are grouped into generic.
What is the objective side of breaking the law? According to experts, these are all signs of an offense. It is worth highlighting causal relationships, negative consequences, etc.
The subjective side of the offense
The subject of a violation of law is any sane citizen who has reached 16 years of age and committed an administrative offense. Subjects can be special and special. In the first case, we are talking about minors, officials, special workers, etc. In the case of special subjects, military personnel, some state or judicial figures and other citizens are distinguished.
The subjective side of the violation of law is the mental attitude of the subject to the violation.We are talking about the concept of "guilt", which varies depending on the form of the offense: intentional or reckless.
Subject of evidence
The circumstances of administrative offenses are subject to special verification and examination procedures. A significant role here is played by the procedure of proof. What is she like?
The collection, integration, research, evaluation, use and application of evidence - all this is included in the so-called subject of proof. All the procedures presented are necessary to establish objective truth in cases of violations of the law. Evidence is dealt with by the judge himself or by authorized officials.
The main question that the proving procedure should provide an answer looks pretty simple: was there an offense? It will only be possible to answer this question correctly if all evidence in cases of administrative offenses has been collected and analyzed.
Clarification of circumstances
In order to initiate an administrative case, it is necessary to collect and verify a few simple circumstances. Here it is worth highlighting:
- guilty person in committing an offense;
- the presence of an offense;
- the amount and nature of the damage that was caused by an administrative offense;
- the person who committed the violation of the law;
- a number of extenuating or excluding circumstances;
- a number of aggravating circumstances;
- other factors that are important for a competent and timely resolution of the case.
Before you begin collecting evidence in cases of administrative offenses, you should pay attention to all of the above factors.
Material and documentary evidence
There is a lot of evidence in administrative proceedings. That is why experts in the field of law have developed a number of classifications where the necessary elements can be divided into groups. First, it is worth talking about the material elements of the subject of proof.
Any material object that can act as an object of proof has the status of material evidence. The law establishes that such objects should be photographed and documented. The availability of material evidence will be indicated in the protocol on the commission of the offense. A judge or any other official will be required to take all necessary measures to preserve evidence.
The next group of evidence is documentation. Documents can be both part of material evidence (description of objects), and fixation of elements of the intangible type (testimony of witnesses).
Material and documentary evidence is formed in another classification, which will be discussed later.
Evidence by source of violation
In judicial practice, a group of evidence is often used at the place of origin of the violations. Personal, material and documentary elements are highlighted here.
Personal evidence refers to the explanations of the persons against whom an administrative offense is being conducted. Testimonies of witnesses as carriers of relevant information are the main elements of a group of personal evidence.
Evidence of a material nature are material objects. The most common example is a crime instrument. Here it is worth highlighting photographs, video or audio recordings, instrument readings, etc.
Documents constitute the third group of evidence. They can be fixed both in written and in electronic form. Any statements or statements related to the case may act as documentary elements of evidence.
Evidence on the method of formation
Types of evidence in the case of an administrative offense are also divided into derivatives and initial.The initial (direct) evidence is formed on the basis of the primary sources - witness testimonies, documents, videos, etc. Evidence of a derivative nature can be obtained on the basis of initial information. As a rule, these are some intermediate links: copies of documents, additional audio or video recordings, new witness testimonies, casts of tracks, etc.
Another classification of evidence is used almost constantly, and it is enshrined in Art. 26.2 Administrative Code of the Russian Federation. It highlights the accusatory or exculpatory elements in the subject of evidence. They, in fact, complete the paperwork. The judge either passes the verdict on the accused or releases him.
Expertise
Expert activity occupies a special place in the subject of proof. Specialists evaluate the evidence in the case of an administrative offense. A special expert definition is made, which indicates:
- grounds for the examination;
- name of expert institution;
- questions posed to the expert;
- list of case materials.
The expert is obliged to qualitatively realize all of his professional functions and provide a characteristic to each of the items presented. Disagreement with the expert opinion should be motivated.
Documentation Request
A claim is the power of a judicial authority, judge, or authorized official. This is an essential element in the subject of proof. But how is it applied?
Initially, the police, investigative or investigative bodies are collecting evidence. After a set of the necessary number of things and indications is grouped by classifications. Evidence may be alternately presented to the court. At the same time, officials or the judge himself have the right to request the entire evidence package. The requested information must be transmitted within three days from the receipt of the relevant determination. If the offense may result in arrest or expulsion, then the package must be delivered immediately.
The court may also evaluate evidence. For this, experts are usually involved and a collegial body is created. All elements are evaluated through a full, objective, comprehensive study. There is a place here and inner conviction. The sources of evidence are examined - for example, citizens who have provided evidence. It is also worth noting that no evidence can have a predetermined force.
What circumstances mitigate liability?
It is worth referring to article 4.2 of the Administrative Code of the Russian Federation. It describes a number of circumstances that may mitigate liability for an offense. Here is what needs to be highlighted here:
- the guilty person repented;
- the offender has realized the unlawful nature of his actions and voluntarily tried to prevent the consequences of the offense;
- the person who committed the administrative offense voluntarily "surrendered" to the authorized law enforcement agency;
- the person assisted the law enforcement agency in revealing additional circumstances of the offense;
- the person has prevented the harmful consequences of the offense;
- the guilty person voluntarily indemnified the injured;
- the offense was committed by a minor;
- violation of the law was implemented in a state of passion - strong emotional excitement (heavy personal or family circumstances are allowed here);
- the offense was committed by a pregnant woman or a man who has a young child in his care.
It is worth noting that some evidence on the Code of Administrative Offenses may also mitigate liability. We are talking about those moments when the subject of evidence indicates mitigating circumstances.
What circumstances preclude liability?
Article 24.5 fixes a number of circumstances that completely exclude the case of an administrative offense. It is worth noting here:
- absence of an event of violation of law;
- committing an act violating the law in extreme necessity (for example, when saving one's own or someone else's life);
- lack of corpus delicti;
- non-achievement by the guilty person of the age of administrative liability, insanity of the person;
- the publication by the State Duma of an amnesty act and much more;
- removal from consideration or complete absence of evidence in cases of administrative offenses (article 26.2 of the Administrative Offenses Code of the Russian Federation).
Here it is necessary to highlight the death of the guilty person. As soon as the registry office issues a certificate of death of a citizen, the administrative workflow also ceases.
What circumstances aggravate liability?
If a person continues to violate the norms of the law, despite the presentation of relevant requirements from law enforcement agencies, then sanctions against such a person can be tightened. The same applies to cases of repeated administrative offenses when sanctions for the first violation have not yet been lifted.
As additional aggravating circumstances, it is worth noting the commission of an offense while intoxicated, a violation of the law by a group of persons, the commission of an offense during an emergency, etc.