What is the difference between misdemeanors of crimes? Types of offenses: crimes and misdemeanors
One of the most complicated legal issues: What is the difference between a crime and a misdemeanor? For a full accurate answer, you need to analyze the legislation. A clear understanding of the differences between these two categories will help to avoid serious life troubles. Such knowledge will benefit everyone, no matter how well a person understands the intricacies of modern legislation and legal science.
Any person can make the most differentoffenses. To understand the possible responsibility for illegal actions, one must understand the delineation of crime and misdemeanor. Depending on the type of act, the level of sanctions applied to the offender will be different. Below, all aspects that differentiate the named types of offenses are considered in detail.
What is an offense?
To properly understand the differences between terms, it is necessary to understand their essence. Offense - an act that violates the norms established by labor, administrative or civil law.
The definition of this all known legalThe term sounds very simple. A crime is an act whose composition is clearly prescribed in the Criminal Code. The violations described in other sources do not apply to the term in question. It is the Criminal Code that allows you to determine whether a person has committed an offense or a crime.
The public danger of various violations
One of the signs of the difference in misconductfrom crimes, is the level of harm arising from their commission. The severity of the damage indicates the degree of danger of the offense. An offense does not cause a critical harm to life, public interests, human health. Crime, on the contrary, does it. Eliminate dangerous consequences in the case of its commission is much more difficult or impossible (for example, to revitalize a person). At the level of danger is the main significant difference between a crime and an offense.
The difference in the degree of sanctions
For any misdemeanor should always be appointedappropriate punishment. This assertion became fundamental for the modern justice system. Penalties are appointed precisely in view of how dangerous the offense is. It will always be proportionate. What is the difference between misdemeanors of crimes? Kinds of punishment for the committed act. For absenteeism, you do not have to spend all your life behind bars, and you can not pay off the murder with a usual fine.
Difference of compositions. Crime and misconduct: differences
Any crime includes subjective andobjective part. Their presence is mandatory for qualification. Without a subjective side of the composition, a crime can not be considered as such. If we consider the variety of misconduct, then there are situations that can be brought to justice, guided only by the objective part of the violation. Let's consider an example. As a result of playing ball in the yard, the child does not specifically break the window of someone else's apartment. The consequence of this action is the harm done to an unauthorized person. He will be reimbursed by his parents, since the child does not have the financial means for self-payment of damages. Thus, the actual violator, that is, the subject of the perfect misconduct, did not incur any legal penalty for the broken window. Likewise, owners of movable property that caused damage (transport, animals, etc.) are brought to responsibility. This happens even if their master is innocent, because the subject of misconduct can not answer for him.
The punishment for the crime is personal. It is determined by a court authorized to do so by an individual, in the course of studying the specific incident that occurred. Responsibility for crimes can not be transferred to anyone. Everyone is serving his sentence for him. There are no exceptions to this for criminal law. Such a difference in composition is another part of the answer to the question of how the offenses against crimes differ.
Difference in timing
Murders, robberies and other criminal actslead to more significant in duration penalties, than violation of any other branch of law. Some crimes are punishable with life imprisonment. Time, after which the responsibility for the act does not come, also depends on the type of offense. For the offense, the limitation period is several months. For particularly serious crimes, it is calculated for years. After its termination the guilty person is not subject to prosecution for the committed offense on the part of the authorized bodies. The difference in such terms is another indicator of the difference in misdemeanors from crimes.
Difference in the age of the subject of the offense
In matters of punishment, much depends on the individualwho committed the offense. If it is not able to understand the consequences of its actions, the use of harsh measures will only hurt his psyche, and this is meaningless given the principle of humanity of justice, legislated in most countries of the modern world. Awareness of guilt for any violations comes to every person with age. Young children will not receive the correct imprisonment and will not be able to perform, for example, correctional work. Based on such psychological characteristics of most people, age is one of the determining factors in the choice of punitive measures. For crimes, it is usually 16, and in particularly severe cases - 14 years. Under no circumstances is a younger offender likely to suffer a criminal penalty. This is an occasion and subject for very sharp discussions in the legal sphere.
Administrative liability is onlysubjects older than 16 years. For disciplinary and civil violations are allowed to attract from 18. Is this framework fair? Is the age of awareness of responsibility right, given the current psychological conditions for the development of youth? Similar problems worry lawyers of different countries. It is difficult to say what these arguments will lead to, but now the age of the subject remains the most important difference between a misdemeanor from a crime.
A little bit about criminal offenses
All types of offenses existing in thecurrent Russian legislation, have already been considered above. In some countries there is also a criminal offense. For example, it is provided for by the laws of the Republic of Lithuania. How to distinguish a criminal offense and a crime? For the first violator is not punished by sanctions that affect the restriction of freedom. The only exception is arrest. The second can mean very long conclusions.
Is it necessary to introduce a criminal offense into the legalsystem of Russia? This is for several years the most famous jurists discuss. Provided are motivated arguments for the introduction of a criminal offense in the relevant Code or against such a measure. But a common opinion among specialists at the moment is not worked out.
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