Words such as “crime”, “violation”, “misconduct” have long been familiar to our ears, but do we often think about their meaning, origin? Do we always recognize the difference between them? But in spite of the fact that all these are words of the same concept, there are a number of nuances that do not allow us to say that they are one and the same.
Depth of value
So, if the word “crime” seems to us very serious and scary (in many respects thanks to F. M. Dostoevsky), then most often an offense is a petty violation, which can most often be attributed to negligence or an elementary neglect of rules and norms.
Thus, we can say that in the minds of the public these words differ only in the seriousness of the violation. Criminologists have their own opinion on this matter.
Actual difference
Both crime and misconduct are, in terms of criminal logic, a violation of the law - the difference is only in severity, so to speak. In the first case, this refers to a more or less serious violation of the law and social norms. It is always followed by punishment in one form or another, whether it is imprisonment or a large fine.
It is absolutely not necessary to kill a person or rob a bank in order to commit a crime - for example, financial fraud or an unsuccessful skirmish in a dark gateway is quite enough. Moreover, as a crime can be regarded from the point of view of the law, not only the direct commission of a particular act, but also the intention, involvement in it.
An act is an action that has a much lower danger to society. The punishments for them are much smaller, and sometimes even limited to issuing a warning.
Classification of misconduct
Like most phenomena in our world, misconduct is an action that can be directed to different areas. It can be committed in relation to administrative or moral standards. That is what gives rise to the classification.
In the most general form, these violations can be divided into three categories: disciplinary offenses, administrative violations, and, finally, civil offenses. From the names of these violations themselves, the division into just such species seems quite obvious.
It is believed that misconduct is the first step to a crime, so even minor violations can lead to quite serious consequences as a result of repetition or aggravation.
We now consider in more detail each type of violation of the law.
Civil Violations Category
Perhaps misconduct of this kind can be called one of the least dangerous for society as a whole. This category includes, for example, copyright infringement or the conditions of other documentation.
Civil misconduct is for the most part non-compliance with any obligations, however, this category also includes actions that affect the honor and dignity of another citizen (for example, the dissemination of false rumors and offensive information). This also includes actions that discredit something that has spiritual value to another person. So, one of the rather high-profile cases of this kind can be called the scandal around the female musical group Pussy Riot, who once arranged a real show right in the Orthodox church.
Often, the definition of "immoral" is applied to violations of this kind. From the point of view of legislation, such a use of the concept is incorrect.Immoral misconduct is the commission of a deliberate act of a violent nature against another person. In this case, there are certain features, which will be discussed later.
Immoral misconduct
Already in the name of this type of violation, the basis for distinguishing this category as a separate one is clearly visible. In this case, it is a violation of moral standards, and not civil standards in general.
According to the current labor code, misconduct of this kind serves as a sufficient basis for dismissal of a person from his position. In this case, an appropriate entry is made in the work book, which subsequently leads to serious difficulties in attempts to find a job.
TO immoral acts most often include, for example, the commission of violent acts for educational purposes or indicative humiliation of a person. Most often, sadly, employees of schools, kindergartens and other educational institutions commit such violations of the law.
The difficulty in identifying and punishing such misconduct lies in the fact that the decision depends on the beliefs and own criteria for evaluating normativity. So, what for one person can be regarded as violent actions, for another it will simply be a lack of education.
Disciplinary offenses
With such a thing as discipline, we come across almost every day. It is understood differently, depending on the situation, but if we talk about the main, most direct meaning, discipline is the observance of certain rules and norms, the fulfillment of duties.
Most often, a disciplinary offense is a violation of the terms of the employment contract in general and the discipline specified in it in particular. In this case, the equally serious consequences can be attributed to both an unfair attitude to their duties and their complete disregard.
From the foregoing, it can be understood that, in contrast to civil law, disciplinary misconduct is a violation in the field of labor discipline. The decision to punish in such cases is made by the administration of the enterprise, and not by law enforcement agencies.
Note that misconduct is also a violation of labor discipline, therefore, in some cases, actions of this kind do not even stand out in a separate category.
The simplest example of a disciplinary offense can be called, for example, lateness, negligence, leading to minor consequences, or minor abuse of authority.
Administrative Offenses
One of the most common types of violation of the law. Administrative misconduct - This is equally stowaways and violations of rules and norms of behavior in public places.
In this category, the spectrum of possible options is greatest. In fact, any administrative misconduct is an encroachment on the procedure established at the legislative level or the results of the relationship between the executive and administrative powers.
So, inaccurate driving or non-compliance with fire safety rules, sanitary standards fall into the category of misconduct of this kind. For violations of this nature, a person is brought not to criminal, but to administrative responsibility (fines, confiscations or correctional labor).
Criminal misconduct
The problem of misconduct of this kind has been discussed in the jurisprudence for more than 25 years. Nevertheless, an unequivocal opinion regarding this has not yet been reached. A criminal offense is, in fact, an offense that does not fall under the category of criminal. Basically, such violations include crimes that, upon the fact of commission, do not constitute a great public danger.
That is why, despite the rather frightening name of the category, offenders are not prosecuted in such cases. The maximum penalty in this case is not a full imprisonment, but a temporary arrest. The maximum retention of the offender can be extended up to six months and no more.
The issue of category stability
As can be seen from the above, the boundaries between the types of offenses are quite blurred. For example, a proposal has long been developed to transfer about 65 types of misconduct from the administrative category to criminal. There are ongoing debates and discussions on this topic.
Only one thing is obvious: the offense is much less serious than the crime, and, accordingly, the penalties are much less severe. The border between these concepts, however, is quite unsteady, and crime is often separated from the misconduct by only one detail. For example, serious over speed the driver of the vehicle is undoubtedly an offense.
However, if in doing so he committed an unintentional pedestrian collision, this is a crime requiring the adoption of completely different punishment measures.
