offense - an act capable person, having the will and consciousness, contrary to the established legal norms and harmful to society as a whole.Such actions entail certain responsibilities, regulated by law.The following elements of an offense.
violation of established legal norms may be an action or, conversely, inaction.This category can not be considered an event, because it does not depend on human activity and is not subject to voluntary control.For example, epidemics, fires, floods and earthquakes - it is not an offense.
Man's actions are contrary to the law if they do not meet the established standards of behavior scale.Inactivity entails responsibility when there are legal provisions that prescribe certain mandatory actions in specific situations.Signs of the offense suggest that a person has committed an act that puts it in the outside world.That is a violation of legal rules can not be considered feelings, inner images and thoughts of people who have not been realized in the material world.
of an offense under an act implies that contrary to the objective laws.It also has a subjective side.The objective legal standards apply only to cases of intentional acts.They do not apply to persons who are incapacitated.In addition, the developed countries in the civilized action, about which nothing is said in the law, a priori can not be illegal.
considered one of the signs is the fact of damage and public danger - a set of negative phenomena, the cause of which was the offense.For example, it may be a violation of the existing order, destruction of goods, trampling on individual liberty, disorganization, and more.The harm can be both moral and material.
following elements of an offense are subjective.That is taken into account this time acts as wine.A person may commit an act contrary to legal norms, intentionally.That is the person foresees that his acts entail harm.Also, a person may commit an offense by negligence.That is, the person does not realize that his actions will be followed by negative consequences.
offense presupposes the existence of a causal link.That is, it must be shown that there is a link between actors and stepped negative phenomena.
consider the concept and features of administrative offense.The definition of this phenomenon, which is important so far has been given in the 1980's.Administrative violations - are actions that are contrary to the established legal norms, but it does not belong to the category of crimes.The main features of the considered wrongful acts similar to those discussed above.However, this branch also has additional features.In particular, it:
- time and place of an administrative unlawful act.This feature is paramount and binding;
- public danger.That has meant that the act involves a breach of the existing order, trampling freedoms and interests of others.
The rest of the signs of an administrative offense are similar to symptoms of other similar industries.It is not surprising, since the legal rules based on common logical laws.Signs of crime allow to determine whether it is possible to consider as an act contrary to applicable law.
