It is common for a person to do various things. However, not all of his actions are approved by others, and some are even punished. Every citizen should know well what a crime is, its signs and what consequences it entails. Perhaps this will save someone from rash and risky actions.
Act, misdemeanor, crime - what's the difference?
A deed is a short action, an act of behavior that has its own goals and consequences. It demonstrates the attitude of a person to the world around him, to people, to himself. An act is not necessarily a physical action of a person. Demonstration of one's attitude towards something or someone can be carried out by facial expressions, gaze or gesture, intonation or inaction (if a certain action is harmful).
Misdemeanor is an intentional or reckless act that harms an individual or society. However, compared with the crime, this harm is not of a serious nature. A misdemeanor is punishable by administrative or disciplinary action against the offender.
Crime - an act punishable under the laws of the country, causing damage to the victim. Inaction can also be criminal if it resulted in events that caused significant damage to an object protected by law.
When planning and performing some actions, a person always chooses the means and methods for their implementation, foresees the results. That is, he always has options for behavior: to violate or not to violate social and legal norms. He must clearly know that misconduct and crime are punishable.
How to tell if a crime has been committed?
The correct qualification of the degree of illegality of a person's actions determines the measure of his punishment. When considering a case in court, the following are taken into account:
- What is the degree of danger, harm caused to society, objects under the protection of the law.
- Whether these acts were committed knowingly or due to their own negligence.
- Are they prohibited by the Criminal Code.
- Whether such actions are punished by one or more articles of the Criminal Code.
The absence of at least one of these signs gives reason not to qualify the act in question as a criminal one. If it falls under any article of the Criminal Code, then the degree of its severity (the amount, type of damage caused to the victim) and the punishment corresponding to a specific criminal article are established.
Crime and…
So, the punishability of a crime isone of his must-haves. What does this mean?
- The subject is prosecuted under the laws of the country if the act committed by him is worthy of criminal punishment (O. N. Bibik, Doctor of Law).
- The severity of the crime determines the degree of its punishment.
- Crime and punishability of an act are provided for by an article in the Criminal Code.
Punishment in its essence is a measure of coercive influence on the offender, with the aim of:
a) correcting his illegal behavior;
b) satisfaction of the natural need of members of society, the public in retribution for the damage caused to them;
c) warning, intimidation of those persons who are prone to illegal behavior.
Classification of criminal acts
For all their similarity, many of them differ greatly in the level of danger to society, which is why it becomes necessary to separate them according to clear criteria.
- Severity.
- According to the object of the crime. Undoubtedly protected by law, according to the Criminal Code of the Russian Federation, these are property and personal rights of a person, his freedoms, public order and safety (as well as of humanity), the environment.
- According to the form of guilt: committed intentionally or as a result of negligence.
Ultimately, the criminality and punishability of an act are determined by the degree of danger of the unlawful acts of the subject, aimed at legally protected objects. For example, for actions,found committed through negligence (minor severity), a prison sentence of not more than two years is awarded.
Intent is a form of guilt
The presence or absence of emotions about the actions taken and their results, the depth and nature of experiences determine the moral attitudes of the criminal and demonstrate his assessment of his own illegal behavior.
In criminal law, guilt is one of the main signs of crime, the basis for determining the degree of punishability of an act.
The first form of guilt is intent:
- direct, if the offender imagined what possible or inevitable danger his illegal actions bring to the object of his encroachment, and wants these consequences;
- indirect intent differs from direct intent in that the offender foresees the harm that his actions will cause, but does not want it, shows indifference, indifference to the possible consequences of his act.
The most dangerous person for society is a person who, consciously preparing for a crime, sets a criminal goal in advance, plans it, prepares the means (transport, weapons, etc.), creates the necessary circumstances for its implementation.
Less dangerous is a crime committed under the influence of passion - a sudden psychological shock that arose in an unexpected or lasting threatening situation. For example, the subject takes action to protect himself, save (or another person) and, not wanting such consequences, inflictsharm to the person provoking these actions.
When is recklessness and negligence considered criminal?
The second form of guilt is negligence. When determining the degree of its criminality and punishability, justice proceeds from the size and nature of the damage caused to the object, and takes into account what led to this act:
- Lidness - The subject did not foresee the full danger of their actions. Or he foresaw, but arrogantly, mistakenly expected to prevent them without taking into account his own capabilities.
- Negligence - the offender does not assume the dangerous consequences of his actions or inaction, although by law he is obliged and able to foresee and prevent them. For example, the position and status of a security guard obliges him to be vigilant, attentive to people who come to the object he is guarding, to perform certain protective functions in dangerous situations. But for this he must be mentally and physically he althy, intellectually ready to make the right decisions.
Criminal law considers criminal negligence a less serious act than frivolity.
The devil is in the details…
For all elements of crimes, their main features are considered strictly mandatory. But the peculiarity of each of them is made up of specific indicators, which in their totality can significantly aggravate or alleviate the fate of the criminal. Determining the degree of punishment is a decision of the fate of a person.
The components (elements) of the crime,requiring careful study are:
- its object - attacks on it are subject to criminal punishment;
- objective side - characterizes the signs of an act (which also recognizes inaction) according to the conditions, place, time, methods of commission and determines the severity of the consequences for the injured party;
- subject of the crime - a detailed psychological description of the offender, taking into account his age, gender, position and other data;
- subjective side - facts relating to the identity of the offender: analysis of his own assessment of the committed, his motives (motives) and the desired results (goals) of the act, etc.
The study of all the details of the crime provides grounds for its punishability, this is the result of a thorough search and analytical work of the investigating authorities.
Things to talk about with kids
Education in children of moral responsibility for their actions is the direct responsibility of parents. But the child should know that it extends far beyond the family: as he grows older, he will receive more and more not only rights, but also obligations to society and the state.
What is a crime and its punishability - these are topics for serious conversations with teenagers, and their purpose is not to scare, but to warn a growing person. The reasons for such purposeful conversations are diverse (incidents in other families, publications in the media, literature, cinema), and sometimes life itself provides them:
- what istrue human values,
- how to get out of critical life situations,
- how to avoid criminogenic situations and companies,
- what is true friendship, mutual assistance,
- about frivolity and irresponsibility, their consequences in personal and public life.
If a child is warned about what illegal acts are and their punishability, it means that he is armed against them with social responsibility and consciousness. It's a kind of immunity against crime bacilli.
