In any society, even very primitive, there are certain rules, the violation of which entails responsibility.In civilized countries such rules are laid down in special documents.In this article, we discuss the concept and characteristics of the perpetrator.Considered the definition laid down in the relevant legal documents.The concept of crime can be divided into two areas.
- crime can be regarded as harmful and socially dangerous act, committed guilty.At the same time it should be forbidden to set legal standards under the threat of punishment.
- crimes are not considered minor acts that no danger to public safety.In addition, these offenses may have some signs of offense, the penalty for which is provided by the established legislation.
What principles determined by an act which entails responsibility?Consider the basic elements of a crime.They can be divided into the following categories.
- Undoubtedly, an act which is contrary to legal standards - it is an act of man.Consequently, the signs of a crime can be called both objective and subjective.For example, an action or abstention from it, using the laws of the world, strong-willed and conscious symptoms, actions with goals and motivation.It is assumed that crime harms the society in general, contrary to the interests of social development.
- illegal actions entail danger.At the same time these signs of a crime can be modified with the development of society.In particular, certain acts may be regarded as having a danger at one time and at another time it may be considered harmless to society.A striking example - a difference of some contemporary laws and legal standards adopted in the USSR.The level of danger of various crimes are not identical.Suffice it to compare acts such as theft and murder.
- crime presupposes the existence of a certain psychological content.That is, a person must be convicted.It must be proven that his actions have a connection with the come dangerous or negative consequences.It is also assumed that the relevant authorities to establish whether the act is intentional or whether it occurred through negligence.
- Considering the basic elements of a crime, not to mention the offense.That is, the act can not be recognized as unlawful, if the law is no corresponding article.In the legal documents should also indicate the punishment provided in the commission of a specific offense.At the same time, not always for the offense to be established by law.For example, it may be some cases where the statute of limitations has expired, or the case was approved by the amnesty.In such cases, the condemned man comes to freedom ahead of schedule and has withdrawn the prosecution.
summarize.Signs of a crime to help determine what actions a person can be called illegal.This measure is necessary to establish order in the society.In spite of the general principles by which to define crime, responsible for all sorts of acts are not identical, because the degree of danger of illegal actions is different.The penalty for a misdemeanor determined in accordance with established legal norms, and nothing else.The act, which is not provided for by applicable laws, the crime can not be.