LawState and Law

Signs of a crime

In any society, even if very primitive, there are certain rules, the violation of which entails responsibility. In civilized states, such norms are fixed in special documents. In this article we will analyze the concept and signs of the subject of crime. The considered definitions are fixed in the corresponding legal documents. The concept of crime can be divided into two areas.

  • The crime can be considered as a socially harmful and dangerous act, guilty committed. However, it must be prohibited by established legal norms under the threat of punishment.
  • Crime is not considered insignificant actions that do not harm public safety. At the same time such offenses may have some signs of an act punishable by the established legislation.

What principles determine the act that entails responsibility? Consider the main features of the crime. They can be divided into the following categories.

  • Undoubtedly, an act that contradicts legal norms is an act of a person. Consequently, the signs of a crime can be called both objective and subjective. For example, this action or abstinence from it, the use of the laws of the surrounding world, volitional and conscious external manifestations, actions that have goals and motivation. It is assumed that the crime harms the society as a whole, contradicts the interests of social development.
  • Illegal actions entail danger. At the same time, such signs of crime can be modified with the development of society. In particular, a particular act may be regarded as carrying a danger at one point in time, and at another time it can be recognized as harmless to society. A striking example is the difference between some modern laws and legal norms adopted in the USSR. At the same time, the level of danger of various crimes is not identical. Suffice it to compare such acts as theft and murder.
  • Crime implies a certain psychological content. That is, a person must be convicted. It must be proved that it is his actions that are connected with the dangerous or negative consequences that have come. It is also assumed that the relevant authorities will determine whether the act was intentional or whether it occurred through negligence.
  • Considering the main features of the crime, we can not fail to mention the punishability. That is, an act can not be recognized as unlawful unless the law contains an appropriate article. At the same time, legal documents should also specify the penalty provided for the commission of a particular misconduct. At the same time, not always following the act follows the statutory responsibility. For example, this may be the case when the statute of limitation of the case has expired or an amnesty has been approved. In such cases, the convicted person is released ahead of time and the criminal prosecution is removed from him .

Let's sum up. Signs of the corpus delicti help determine which actions a person can be called illegal. This measure is necessary for the establishment of order in society. Despite the general principles by which it is possible to define a crime, responsibility for all kinds of acts is not identical, because the degree of danger of illegal actions is different. Punishment for misconduct is determined in accordance with established legal norms, and nothing else. An act that is not provided for by existing laws can not be a crime.

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