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Concept and types of offenses. Criminal and Administrative Codes of the Russian Federation

In modern times, citizens commit a large number of different offenses that relate to various branches of Russian law. Administrative violations do not pose a great threat to society, as, for example, criminal wickedness, but at the same time they are prosecuted by law and have unpleasant consequences in the form of legal liability.

The Criminal and Administrative Codes of the Russian Federation: Features, Similarities

In the Russian law to involve a person for what was done can be done according to several rules of law, the question here will be only what kind of offense he committed. As a rule, the criminal and administrative codes contain a list of articles for various offenses in various spheres of society, but the main difference between them is that in administrative law, the offense does not entail dangerous and negative consequences, as in the criminal, Thus, does not bear in itself special consequences for the offender.

In criminal law, the concept of "delinquency" is already called a criminal act and is socially dangerous, because it entails the appearance of a convicted person in a convicted person who repays after a certain number of years.

For committing an administrative offense, you can be in a temporary detention center for several days, and in case of a crime, this period may be even a few weeks before the suspect is transferred to the detention center.

The punishment for committing a particular type of offense is imposed only by the court, and this is the main similarity of administrative and criminal codes.

Concept and types of offenses

Offense means an unlawful act that harms society. The commission of an offense may be caused by the personal motives of the guilty person and affect various spheres of society's life.

Offenses are divided into the following types:

  • A misdemeanor that is not particularly dangerous to society, but carries a violation of legal norms;
  • The crime is especially dangerous for the society and every person individually and is regulated by the norms of criminal law.

An example of misconduct is a violation of discipline in the performance of official duties, disobedience to management.

An example of a crime can be any action of an individual who falls under the criminal law.

The concept and types of offenses exist in all public legal relationships, which, in turn, divides the offense into a misdemeanor for the following subspecies:

  • Dyssiplinary (in the performance of labor duties);
  • Administrative (violation of public order) ;
  • Civil-law (in the field of property and personal non-property relations).

Criminal act

The list of all crimes with the indication of articles is contained in the Criminal Code of the Russian Federation, which is a single collection of laws for criminal atrocities.

A criminal offense is a dangerous, unlawful act that, by its act or omission, violates the rights and freedoms of other citizens, which subsequently gives rise to the responsibility for the deed.

In turn, crimes are divided into the following types:

  • Intentional, which from the very beginning of their commission have a criminal and malicious intent;
  • Negligent, committed in connection with negligent attitude of a person to their duties or negligence.

The concept and types of offenses in the field of criminal law have the highest degree of heightened danger and carry a special, unlawful nature of the deed.

An example of careless atrocities is article 264 of the Criminal Code of the Russian Federation, when non-compliant actions of the driver lead to death and grave consequences of the health of a passenger or a pedestrian.

Examples of deliberate maliciousness are: murder, rape, theft, fraud, robbery and other acts provided for in a special part of the crime code.

A criminal offense is a particularly dangerous crime, the legal consequences of which will be a conviction.

The forms of guilt of a perfect crime

There are two main forms of guilt of an individual:

  • Intent;
  • Imprudence.

In accordance with these two values, the category of the criminal act is determined and, in the future, the punishment for what was done.

Deliberate acts have a direct intent, and the persons who commit them, realize all the illegality of their actions.

Negligent crimes are committed by negligence, and the person does not expect and does not want the onset of negative consequences.

Law on Administrative Offenses

The concept and types of offenses in the Code of Administrative Offenses of the Russian Federation have exactly the same features as in criminal legislation, the only thing that separates administrative offenses from criminal acts is the least degree of public danger and the absence of strong negative consequences in the form of criminal record.

The Code of Administrative Offenses of the Russian Federation, which regulates the prevention of offenses in the areas of public order, state power, traffic rules, as well as prohibiting other offenses and providing punishment for them, is the basic law on administrative offenses.

Forms of guilt for an administrative offense

Committing an offense in the field of administrative law entails the imposition of administrative responsibility, which can be expressed in the form of a fine, arrest, suspension of activity, warning.

Administrative violations in the form of guilt are divided into:

  • Intentional;
  • Careless.

Deliberate administrative offenses are unlawful social acts, the person who committed them, foresaw the negative consequences and desired their offensive. An example of such offenses can be: smoking in a public place, when a citizen is aware that this is prohibited by law, and he still commits unlawful acts, hoping that he will escape punishment in the form of a fine.

Careless offenses in the field of administrative law are incidental, negligent acts or omissions of the guilty person who did not want negative consequences. In this case, an example could be a violation of the rules of the road by a driver who, before traveling on a vehicle, did not check the serviceability of all electrical appliances in the car, eventually received a penalty for a light bulb not burning on the headlamp.

Persons committing offenses

In the field of administrative offenses, the act can be committed by legal and natural persons.

An example of bringing a legal entity to liability is as follows: the club suspended activities due to violation of fire safety requirements, and the state fire supervision inspectorate issued a decree according to which it is necessary to eliminate the violations mentioned therein if the demand is not fulfilled by the due date , Then the fine will be imposed on the legal entity.

In criminal law, a person who committed a criminal act can only be an individual or a group of individuals who will be responsible for what they have done. For example: one citizen robbed a citizen and took her bag, in connection with which he was prosecuted for robbery, eventually received 2 years of colony and went to serve his sentence in places of deprivation of liberty.

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