What are misconduct? Types and classification of misconduct

We live in such a troubled time, when suchwords like misdemeanor, offense, crime is constantly on our lips. Quite often, we do not even think about the origin of these words and what they mean. But there is a difference between them, despite the fact that they are from the same area. In the article, we will consider in more detail what misdemeanors are and how they are classified.

The concept of misconduct

Despite the fact that these two concepts are quite similar, they are, in effect, are radically different from each other. Offenses are unlawful acts that do not relate to socially dangerous acts.

On the fact of their accomplishment, as a rule, should not be a punishment, but a punishment. If the offense is committed, the responsibility will still follow, but it will depend on its variety.

Quite often misdemeanors are referred to minor violations, which are written off for carelessness or disregard for the rules and norms available in the society.

What is the difference between a misdemeanor and a crime?

Crimes and misdemeanors, if we consider the point of view of criminology, differ only in severity, but they are a violation of the law.

Only after the commission of a crime there is always a punishment that can be presented (depending on the severity) in the form of a real prison term and a large fine.

For many, a crime is when a person commits murder or harm to a person's health. But in fact, even without killing anyone, you can commit a crime (example - financial fraud).

The misdeeds of people are much less dangerous for society, and therefore punishment should not be so strict. Quite often they are limited to one warning.

Varieties of misconduct

What are the offenses we have considered, but all of themcan affect different areas of our lives and are committed against, for example, administrative or civil norms. It is on this basis that the classification is built. Types of misdemeanors are as follows:

1. Disciplinary.
2. Administrative.
3. Civil-law misconduct.
4. Immoral.

Most law enforcement officials believe that any misconduct is the first step towards the commission of a crime, especially when a person has not incurred any penalty for committing a crime.

Consider the types of misconduct in more detail.

Administrative offenses

This category includes anyillegal actions that violate public order, encroach on state property, freedom and the rights of citizens. This group also includes misconduct in the areas of health protection, labor, the environment and so on.

For example, inaccurate driving ornon-compliance with fire safety rules can be attributed to administrative misconduct. Violation of public order, encroachment on monuments of architecture and history also belong to this category of violations.

For such offenses, as a rule, can follow:

• Fine.
• Confiscation.
• Corrective labor.
• Administrative arrest for up to 15 days.

Only administrative bodies that are authorized to deal with this issue can consider administrative violations and impose penalties.

To punish a person for a committed administrative violation can be within a year from the time it was committed.

Disciplinary offenses

The very concept of discipline for everyone isabsolutely understandable. We demand this from our children, and we must observe it at our workplace. Discipline is the observance of certain rules and norms that are adopted in the given society, at the enterprise.

Most often, committing an offense of disciplinarycharacter is associated with a violation of the conditions that are prescribed in the employment contract. For example, negligent attitude towards the performance of their labor duties or their complete disregard - this is an example of a disciplinary offense.

The investigation of such a violation will not be dealt with by law enforcement agencies, but by the administration of the enterprise. The Labor Code spells disciplinary sanctions, they can be as follows:

• Comment.
• Rebuke.
• Transfer to another, less paid position.
• Dismissal.

What is disciplinary offenses is now understandable, but it must be remembered that the administration should apply this penalty not later than 1 month from the date of its detection.

Civil misconduct

This type of offense can be attributed to the most innocuous in relation to society. If we consider civil wrongdoings, examples are the following:

• Copyright infringement.
• Dissemination of incorrect rumors about a person who is offensive.

• Non-fulfillment of contractual obligations.
• Causing property damage.
• Conclusion of transactions that are not distinguished by their legality.

If a person has committed a misconduct of this nature, the following punishment may follow:

• Indemnification.
• Compensation for non-pecuniary damage.
• Payment of "forfeit."
• Forced restoration of violated rights, etc.

Despite the fact that civil misconduct is considered the least dangerous for society, but the violation is a violation, therefore, it is not worth noting.

Immoral offenses

Such types of misconduct are often referred to ascivil, but it must be noted that immoral acts are most often intentional in nature and involve violent actions towards another person.

If you look at such misconduct, then you can see that there is a violation of non-civil rights, and moral standards. Examples include:

• Doing violent actions for educational purposes.
• Humiliation of human dignity.
• Assaulting in relation to their pupils.
• Public insult.
• In some cases, bribery from students during the session is also considered an immoral misconduct.
• Drunkenness in public places.
• Involving minors in the process of drinking alcoholic beverages.

Quite often actors of suchproceedings are made by employees of educational institutions, teachers and educators. If it is proven that such an offense has been committed, then this is a good reason for the dismissal of an employee from his position. At the same time, an appropriate entry in the workbook is necessarily made, which in the future can lead to certain difficulties with the search for a new job.

If an immoral offense is committed by a person who is not involved in the process of raising children, then dismissal may not follow, but other penalties apply.

Amoral misconduct is considered the most difficultin terms of proceedings and sentencing. Since the final decision on whether to attribute a misdemeanor to immoral or this is evidence of disgusting upbringing will depend on the personal moral qualities of the person who is engaged in the proceedings of this case.

The imposition of any penalty for committing an immoral offense must occur no later than a month from the date of its discovery and not later than six months from the moment it was committed.

Conditional classification

We have analyzed what misconduct is, and it becomesit is obvious that quite often the lines between different types of offenses are rather blurred and arbitrary. For a long time already law enforcement agencies have been talking about transferring more than 60 administrative offenses to the category of criminal ones.

Of course, misconduct is an act that carriesless serious consequences for society, and, consequently, and punished should not be so strict. But do not forget that very often the offense from this crime is separated by only one minor detail, so the boundary between these two offenses is quite unstable.

For example, if a driver drives a cartoo high speed, then this can be attributed to misconduct, but if, as a result of such a dashing driving, he will drive a man, then it will be a crime.

In order not to have to understand the difference betweencrime and misdemeanor and not to guess what punishment may follow, it is necessary to comply with all the rules and norms that exist in our society and be a law-abiding citizen.