LawState and Law

The legal composition of the offense

The concepts of "lawful behavior" and "offense" in any society are considered antipodes. The second term has several definitions. However, in each of them the legal composition of the act is reflected.

In general, this act is presented as socially dangerous, causing harm to society and contrary to legislative norms. At the same time, the legal composition of the offense provides for a certain responsibility in connection with the consequences that have occurred.

As a rule, dangerous consequences come after the commission of an illegal act. However, in some cases, they may be the result of a lawful act.

It should be noted that an illegal act is constantly controlled by the mind and will of a person. An action is deemed to be in inaction or in action. As signs of an offense, one can not consider personality traits, personal qualities or the way people think.

The court does not have the right to punish the mindset. However, he is entitled to condemn for illegal actions, caused in one way or another by those.

The legal composition of the offense includes unlawfulness. This means that the act becomes illegal when the law is violated.

Those actions that are characterized by an insignificant degree of danger to society are called misdemeanors. This category is divided into several subcategories. For example, disciplinary, administrative, financial, civil, material and other offenses are singled out. For each of them, this or that juridical composition of the offense is characteristic.

As a concrete expression of the illegality of the act may be a violation of the prohibition, which is directly established by law, or failure to fulfill certain obligations that are imposed on the subject by law, or provided for by a specific treaty.

The most important component of illegal activity is the presence of guilt. At the same time, the legal composition of the offense provides for intent or negligence. Wine is a reflection of the mental state of a citizen, his attitude towards action or inaction, contrary to the law, and to the consequences that arose as a result of his commission. Wine actually means a person's awareness of the inadmissibility (unlawfulness) of his actions, as well as the consequences that arise in doing so. That is why an act committed by a minor citizen and a person found insane by the court is not considered an offense, even if there is a legal composition of the offense, since such people are not able to understand and realize the inadmissibility of their actions.

Do not belong to the category of illegal actions and acts that a citizen commits in connection with his professional or official duties. In this category, in particular, should include the actions of firefighters, who in the process of extinguishing damage to property.

Wines can be represented in two forms: in the form of negligence and intent. The latter provides that a citizen who has committed unlawful actions, realized the dangerous consequences of his inaction or action, foresaw them and desired (or tolerated) their offensive.

To identify the guilt in the deed it is necessary to find out first of all whether the intent was in the person. That is, whether he wanted to approach dangerous consequences or not.

Carelessness can manifest itself in two forms: in the form of self-reliance and negligence. Frivolity (arrogance) provides that a citizen, anticipating the dangerous consequences of his act, expects to avoid them.

Negligence, mainly, indicates a disdainful and irresponsible attitude to the interests of another person and society.

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