One of the most difficult questions of law: the crime is different from the offense?To fully precise answer to analyze legislation.A clear understanding of the differences between the two categories can help avoid serious trouble in life.Such knowledge will benefit everyone, regardless of how well a person understands the intricacies of modern legislation and jurisprudence.
Anyone can make a variety of offenses.To realize the potential liability for unlawful acts, you need to understand the distinction between crimes and misdemeanors.Depending on the type of offense the level of sanctions to be applied to the offender, will be different.Below is discussed in detail all the aspects that distinguish sworn types of offenses.
What is a misdemeanor?
For a proper understanding of the differences between the terms necessary to understand their essence.Misconduct - an act that violates the established labor, administrative or civil law rules.
What is the crime?
definition of this well-known legal term sounds very simple.Crime called the act part of which are clearly described in the Criminal Code.Disorders described elsewhere, to review terms do not apply.That the Criminal Code to determine a person has committed an offense or a crime.
Public danger of disorders
One of the signs of the differences between the offenses of crimes is the level of damage, arising from the transactions.The significance of the damage indicates the severity of the offense.Misconduct does not cause critical damage to life, the public interest, the health of people.Crime, on the contrary, it does.Eliminate dangerous consequences if committed much more difficult or even impossible (for example, to revive a person).The level of danger is the main significant difference between the crime of misconduct.
difference degree sanctions
For any misconduct must always be assigned to the appropriate punishment.This statement has become fundamental to modern justice system.Penalties are assigned is considering how dangerous offense.It will always be proportionate.What is the difference of crime offenses?The types of punishment for the act.For absenteeism do not have to spend all my life in prison, and did not pay off by the assassination of a fine.
difference was.Crime and delinquency: differences
Any crime includes subjective and objective part.Their presence is necessary for qualification.Without the subjective side of the crime can not be regarded as such.If we consider a variety of offenses, there are situations that allow you to bring to justice, guided only by the objective part of the infringement.Consider an example.As a result, the ball game in the yard of the child is not specifically breaks someone else's apartment window.The consequence of this action is the damage caused by an unauthorized person.It will reimburse the parents, because the child has no financial capability of independent payment of damages.Thus, the actual offender, that is the subject of the offense committed, no legal punishment for the broken window did not suffer.Similarly, the responsible owners of movable property involved in causing the damage (transport, animals and so on. D.).This occurs even if the owner is not guilty, because the subject himself to answer for his offense could not.
punishment for a crime is personal.It is determined by the authorized such action by the court alone, in the study of a specific incident case.Responsibility for the crimes can not be transferred to anyone.For him, every man is serving his sentence.No exceptions to this criminal law does not provide.A similar difference was is another part of the answer to the question about the differences between offenses of crime.
timing difference
Murders, robberies and other criminal acts lead to more significant for the duration of punishment, a violation than any other branch of the law.Some crimes are punishable by life imprisonment.Time, after which responsibility for the act does not come, too, depends on the type of offense.For the misdemeanor statute of limitations period of a few months.In particularly serious crime, he shall be calculated in years.After graduation the offender can not be prosecuted for the offense committed by the authorities.The difference in these terms is another indication of the differences between offenses of crime.
difference age of the subject of the offense
In matters of punishment, much depends on the individual perpetrator faces.If it is unable to understand the consequences of their actions, the crackdown only hurt his psyche, and it's pointless with regard to the principle of humanity justice, enshrined in law in most countries of the modern world.The realization of guilt for any wrongdoing comes to each person with age.Young children do not perceive correctly imprisonment and not be able to perform such labor.On the basis of these psychological characteristics of the majority of people, age is one of the determining factors when choosing the punitive measures.For the crimes he is usually 16, and in severe cases - 14 years.Under no circumstances should a young offender can not incur criminal penalties.It is a cause and subject to very intense debate in the legal field.
Administrative liability is only exposed subjects older than 16 years.For disciplinary and civil disturbances are allowed to bring 18 it fair to this framework?Is determined the age of sense of responsibility, given the current conditions of the psychological development of young people?Similar problems concerned lawyers from different countries.It is difficult to say what will these arguments, but now the age of the subject is an important distinction from a misdemeanor offense.
little about criminal misconduct
All types of offenses that exist in the current Russian legislation, already discussed above.In some countries, there is also a criminal offense.For example, it is provided by the laws of the Republic of Lithuania.How to distinguish a criminal offense and the offense?For the first offender is not punished by sanctions that affect the restriction of freedom.The only exception is considered to be the arrest.The second can mean a very long detention.
necessary to introduce a criminal offense in the legal system of Russia?This was a few years the most famous lawyers argue.We give reasoned arguments for the introduction of a criminal offense in the relevant codes or against the measure.But the consensus among experts is not currently produced.
