What is the difference between misconduct and crime (examples)

In legal terminology there are a lot of such words, the meaning of which is completely incomprehensible to a simple person. So, for example, not everyone can explain how misconduct differs from crime. And although such knowledge is not necessary in everyday life, this information will not be superfluous for the general development, especially since it directly relates to civil-law relations between people in modern society, prescribed in the Constitution, as well as in the Labor, Tax and Civil Codes.

It is worth noting that every person falls under the prescribed legislation every day without even thinking about it, since all relations between people in one way or another entail certain obligations and consequences. It is the consequences of relations that give rise to one of the most difficult legal questions: how do misconduct differ from crime? It is such definitions that have the consequences of relations that violate the rights of one or more persons by other participants in the interaction.

As you might have guessed, it will be discussed below exactly what the crime differs from misconduct, as well as the definition of these terms.

Crime: Definition

What is a crime? Everyone has the concept of this word, and it is associated with something bad and, of course, punishable. The following definition can be given to this phenomenon: crime is an unlawful, guilty, socially dangerous act that infringes on lawful relations in society and is protected by law, in particular the Criminal Code. This act always harms the interests of the state, society and each individual protected by the Law separately.

Crime classification

Legislation gives clear boundaries classification of crimes, which depends on the danger to society as a whole and each person separately. So, the following types of data of illegal relations are shared:

• light weight;
• moderate severity;
• serious crimes.

Act: Definition

Already in the definition of the term itself one can see how misconduct differs from crime. Misconduct refers to such offenses that have minimal public danger compared with crimes. They encroach, in particular, on property, management and labor relations, and do not reach public danger to the extent of crimes.

Classification of misconduct

The main feature of misconduct is that they are committed not by criminals, but by ordinary citizens, regardless of status and other differences, and do not belong to the criminal law sphere.

Depending on the area in which misconduct is committed, they are divided into the following categories:

1. Administrative.
2. Disciplinary.
3. Civilians.
4. Procedural.
5. Material.

The main differences and similarities of misconduct and crime

So, giving definitions of these types of violations, you can draw a line and determine the difference between misconduct and crime. The main differences include the sphere in which violations of the rights of some individuals by others in society occur. Thus, less socially dangerous misconduct can be committed in the family, cultural, labor, economic, administrative and industrial fields, while more serious offenses related to crimes are determined by the Criminal Code.

The difference also lies in the fact that the punishment for misconduct and crime, as well as social danger, differ radically. So, a crime is punished, while a misdemeanor is a penalty.

Thus, to answer the question of how the crime differs from the misconduct, indicate 3 signs:

1. The object of the crime (ordinary citizen or criminal entity).
2. The area in which the offense occurs (criminal law or in other areas).
3. Type of punishment for the consequences of the offense (punishment or punishment).

The similarities basically lie in the fact that both for a crime and for misconduct, its own special measure of punishment is necessarily provided. Moreover, if there were several violations either immediately, or they were committed one after the other and went unpunished, and subsequently the guilt was proved, the punishment may be awarded in the aggregate. However, in such cases, the court may never impose a penalty or a penalty that would exceed the maximum possible. It should be noted that for citizens under 18 this measure is not awarded.

Punishments for crimes and misconduct

For a crime in aggregate and with aggravating circumstances, the maximum possible punishment is life imprisonment in custody. With misconduct, the situation is somewhat more complicated, and you cannot specify the maximum amount of the penalty, since it is calculated on the basis of the circumstances of the case. However, it must be said that even for misconduct, an arrest may be ordered with the aim of isolation from society for a certain period in which the offender must rethink his behavior.

The concept of administrative misconduct

Quite often in everyday life, citizens commit it administrative misconduct. For example, a harmlessly smoked cigarette at a bus stop or heavier - drinking alcohol somewhere in the park or near the playground, as well as loud music in the sleeping area after the set silence time, disturbance of public order (for example, a minibus scandal) and etc. All these actions are offenses or misconduct, the punishment for which is determined in the administrative code of the Russian Federation, where they are all classified and divided into categories. So, for example, there are misconducts that infringe on the rights of citizens, on their health, public morality, and environmental protection. As well as offenses in areas such as traffic, taxes, finance, customs business agriculture, veterinary medicine, military registration, and so on, and each violation has its own fine and the procedure for calculating it.

Having read the names alone, you can immediately understand how the crime differs from administrative misconduct, because an encroachment on the rights of citizens described by the Administrative Code of the Russian Federation differs radically from the Criminal Code, which clearly states that criminal liability arises when a person commits an act relating to to crimes.

Important in brief

Summing up, we can now say how the crime differs from the misconduct, briefly it sounds something like this: the crime carries a great social danger and is punished according to criminal law, and the misconduct entails a penalty and is regulated by the laws of legal relations between citizens.

But at the same time, one must understand that socially harmless offenses can carry quite tangible punishments, in particular, fines. Moreover, the amount of fines for one or another misconduct can be quite decent. The law also provides for penalties for misconduct, such as correctional labor.

Examples of misconduct and crime

If even after reading this information it is still not clear to someone how misconduct differs from crime, give examples from everyday life - and then the picture will become more clear.

Here's a pretty trivial case: the sale of alcohol after ten in the evening is prohibited by law, but even in Moscow you can find such a kiosk or shop where you can still get alcohol in the dark.How to evaluate the actions of a seller who ignores the law and dispenses strong drinks? Is this a crime or is it an offense? Let us turn to the codes of the Russian Federation. According to the Administrative Code of the Russian Federation, namely, Art. 14.2, which refers to the illegal sale and free sale of prohibited or restricted goods, a fine of one and a half to two thousand rubles with confiscation of goods sold is prescribed for such an act, which means that this offense is an offense.

The second example is the murder of another person (it does not matter, intentionally or accidentally, in fact we have killed and guilty). According to the Criminal Code of the Russian Federation, this action is a crime, but the punishment for it is already determined by the course of events.

When considering various situations, it is easier to understand the line of how and how misconduct differs from crime. Examples, cases from life and their comparison on the basis of legislation will make it possible in the future to accurately determine the class of offenses. And although such practical skills are not needed by a simple layman, those who work in the field of jurisprudence will not be superfluous.