An offense is the guilty conduct of a person of legal capacity, which is contrary to what the rules of law prescribe. In addition, human behavior can cause harm to others, which should always entail legal liability. Scientific and practical goals require the creation of various classifications of offenses, because, despite the commonality of some features, offenses are very diverse. This is due to the fact that social relations have different contents.
These relationships are infringed by offenders. Subjects are diverse, and the motives and goals of their behavior are of a different nature. That is why offenses are classified on a variety of grounds.
Classification of violations
Distinguish these types of offenses:
- by the degree of danger to society;
- on objects of encroachment;
- by degree of prevalence;
- by subjects;
- on the grounds of objective and subjective parties and the procedures for their consideration.
The most common and socially significant is a classification according to the degree of public danger or harmfulness. In this case, offenses are divided into misconduct and crime. Based on the classification group, we can find out what a crime is and what is an offense, to determine their similarities and differences.
Signs of an offense
To understand what a crime, misconduct is, one should deal with the signs of an offense:
- inaction or action;
- the behavior is unlawful;
- human behavior is guilty;
- harm is caused to the state, citizens and society, or a threat is created that this harm will be done;
- the act is committed by a competent person.
A person begins to bear administrative responsibility from the age of 16. Until this moment, parents are responsible for the actions of the child.
A teenager can be tried for a crime after reaching the age of 16, however, in some cases it is possible to bring to justice from the age of 14.
Definition of the terms “crime” and “misconduct”
What is a crime? The definition of a crime is as follows: it is a socially dangerous, unlawful, guilty, punishable act that does significant harm to public relations (protected by criminal law) or creates a threat of damage. The crime has such basic characteristics as an increased degree of danger to society and significant tangible harm to others (from the state to the individual). Those offenses that are not provided for by the provisions of the Criminal Code are classified as misconduct.
An act is a kind of offense; causes minor damage to the state, the individual and society.
What is a crime?
The definition of crimes leads to the conclusion that their characteristic feature is that the public danger is greater than with misconduct. Another important feature is the punishment for their commission.
The court convicts the commission of a crime and imposes a sentence. A special procedure has been established for this - the procedural form.
The legislation of the Russian Federation provides 13 options for punishment:
- fine;
- deprivation of rank (special military or honorary), awards;
- a person is deprived of the right to occupy certain positions or conduct certain activities;
- carrying out compulsory work;
- carrying out corrective work;
- restrictions on military service are introduced;
- property is confiscated;
- freedom is limited;
- arrest;
- the punished shall be kept in a disciplinary military unit;
- imprisonment for a fixed term;
- life imprisonment;
- capital punishment (since 1997, a moratorium has been introduced on it in the Russian Federation).
Vivid examples of a crime are murder, rape, extortion, terrorism, robbery, etc. That is, everything that is prohibited by criminal law.
Criminal offense
What is a felony? By this definition is meant a socially dangerous act guilty, which is provided for by criminal law. It consists in the fact that there is an encroachment on the social system of the state, its economic and political system, personality, property, labor, political, property and a number of other rights and freedoms of citizens. It can also be an assault on the rule of law - murder.
Material crime
What is a material crime? In the theory of criminal law, a material crime is understood as the conditional name of the acts, which involved both the commission of a socially dangerous action and the onset of certain negative consequences.
In a material crime distinguish:
- the actions of the perpetrator, which were aimed at achieving the result of the crime;
- already the onset of the result.
In respect of a material crime, a causal link should be established between the actions of the perpetrator and the ensuing negative consequences.
Intentional crime
A crime that is committed intentionally is, in accordance with Article 25 of the Criminal Code of the Russian Federation, an act committed with indirect or direct intent (in the event that a person realized that his actions were a public danger). In addition, he foresaw the possibility or even inevitability of socially dangerous consequences. Crime with indirect intent is an act committed by a person who is aware of the social danger of his own actions. The man foresaw that possibly dangerous social consequences would occur, but he did not want negative results, he only consciously admitted them or was indifferent to them.
What is misconduct
Understanding what a crime is, one should deal with another no less important concept - "misconduct." An act is a less dangerous offense that occurs in various areas of life. Basically, 3 types of misconduct stand out:
- Under a civil misconduct is understood an offense that was committed in the field of personal non-property and property relations. In this case, the person bears property responsibility. For example, if the debtor does not return the money, then this is a civil misconduct.
- An administrative offense is an act in which there is an encroachment on the established public order, tranquility, the procedure for registering citizens, traffic rules and so on. For example, unpaid transportation, violation of traffic signs.
- Disciplinary misconduct is an act that violates labor relations. In addition, it encroaches on the routine of the organization (being late, absenteeism, etc.).
Of course, a crime is the most dangerous type of offense, unlike an offense. Crime and misconduct differ in that they have a different degree of negative consequences. Common signs of both types of offense is that for a crime and for misconduct should be held accountable. Knowing what a crime is, you can understand that the responsibility in this case will be criminal. The act leads to disciplinary or administrative liability.
The line between crime and misconduct is very thin. Any minor deviation from the law in most cases leads to serious consequences. Therefore, any citizen needs to know, understand and abide by the laws.