Offense is ... Definition, signs, types

Offense is a dangerous act against the rules, which harms not only the individual but also the society. At the same time, it is worthwhile to understand that lawful behavior is an antipode to an offense, since the first is committed within the framework of certain rules of law and finds its implementation in legal relations. Offense, on the contrary, violates the requirements of legal norms. The consequence of this is the inability to function normally, to exercise their rights, to distribute spiritual and material goods. Accordingly, the offense is, first of all, the behavior of an incapable person, which contradicts the prescribed norms of law, causes harm to other people, and this entails legal responsibility.

The offense has a number of features through which it can be distinguished, for example, from violations of extra-legal rules (customs, morals).

Signs of Offenses

A legal violation can not be considered if it is present only in the person's thoughts, therefore actively reveals itself only in the behavioral act of action / inaction.

Legal violations are socially dangerous. At the same time, there is still no definite opinion whether the offenses are dangerous for society or not. However, all offenses are dangerous in one way or another for society, this is confirmed by measures of punishment, which are established even for a minor violation. In some cases, a person is punished for a misdemeanor much more severely than for a crime. For example, for a crime, punishment can be imposed in the form of a fine, and for an administrative offense - work of a corrective nature.

Offense is an activity that is illegal. Illegality means that the behavioral act was directed against the law, that is, committed in spite of it. Illegality determines the public danger: if the action is dangerous for a particular individual or society, then it is unacceptable by law.

Currently, offenses can only be committed by a person. For example, in the Middle Ages, the subject of offenses could be animals that were judged by all rules. At the same time, an offense is an act that can not be committed by any person, but only by someone who can manage his behavior.

The last sign of an offense is punishability as a property of this act. Recognizing this or that act / inaction as unlawful, the legislator necessarily prescribes sanctions for its commission.

In the event that at least one of the signs is missing, we can not talk about the offense.

Types of offenses

Disciplinary. In comparison with other species, they cause the least public harm. Their main feature is disobeying the rules of internal regulations, violation of discipline. In this case, such sanctions as a remark, reprimand, dismissal are provided.

An administrative offense is an action for which administrative responsibility is foreseen. In this case, we can talk about encroachment on state / public order, freedom and the rights of others. An example is the violation of traffic rules, fire safety. Administrative misdemeanors lead to warnings, fines, confiscation of the subject and others.

A civil offense (civil tort) entails an obligation to compensate for the damage caused. Responsibility for them is stipulated by the norms of family, land, civil law.

A crime. It represents a special danger for society and damages the most significant social relations.