Illegal behavior - these are human actions, as a result of which a crime is committed. In this case, a certain condition must be met. Namely: a person is not only fully aware of his actions, but also able to lead them.
Illegal behavior is not only some unlawful action, but also inaction. It represents the absence of any movement that was to be performed.
In the criminal law sense, illegal behavior is a crime. The fact is that both of these concepts (unlawful behavior and crime) imply similar phenomena of social life.
Features
In any society, offenses are a punishable socially dangerous phenomenon. After all, illegal activities harm the interests of not only the state, but also its citizens. How to determine the legitimacy of a person’s deed? There are signs of illegal behavior. Among them:
1. Illegal actions. These include those actions that contradict the boundaries of behavior specified in the norm.
2. Illegal inaction. This is passivity and non-performance of official duties (a watchman’s dream at the post, tax evasion , etc.).
3. Violation of the rule of law containing legal prohibitions and obligations.
4. The presence of harm. This feature is expressed in the totality of the negative consequences that led to illegal behavior. This is the destruction of values ​​and goods, as well as the disorganization of social relations. Harm is an indispensable sign of any illegal behavior. Moreover, the damage may be moral or material, organizational, personal or physical. In addition, harm is classified as insignificant or significant, irreparable or repairable, as well as unmeasured or measurable. Sometimes what falls under unlawful acts does not apply to offenses. This is all that was done due to force majeure circumstances, necessary defense , etc.
5. The presence of guilt as a subjective moment of the act. This is intent or negligence, showing the psychological attitude of a person to his illegal behavior.
6. The presence of causation. This sign indicates that the onset of harm became possible only after the crime was committed.
Classification of illegal behavior
Depending on in which sphere of public life an unlawful act is committed, the following crimes are distinguished:
- in economics;
- in management activities;
- in the family and household field.
In addition, illegal behavior may be:
- aimed at achieving a specific goal;
- not setting itself a specific task.
Violation of the rule of law can have a different degree of social danger. Moreover, it is recognized as either a crime or an offense. The attribution of the committed act to a particular type of offense depends on how much harm the person’s illegal behavior has caused.
Objects of a criminal act
Unlawful behavior can be aimed at weakening the state and social system, the existing economic system, and various forms of ownership. The rights of citizens, including property, personal, labor, political, etc., can also become an object of illegal behavior.
Commission of crime
When characterizing illegal behavior, first of all, its social danger is considered. In this case, the crimes committed are classified as having a small or medium gravity, grave or especially grave.
The basic rules of law adopted in our country for such unlawful acts provide for the application of the most stringent measures of state coercion. The entire list of such punishments is contained in the Russian Criminal Code. However, this list is closed. Any changes in the list of such measures can be made only when clarifying and supplementing the Criminal Code itself.
Only a court has the right to convict a person of a crime. This body also prescribes punishment corresponding to unlawful behavior. In this case, the judge is guided by the Criminal Code, which contains a complete list of all criminal acts. The list is considered to be exhaustive and not subject to any broader interpretation.
Administrative offenses
All actions that are illegal but not covered by the Penal Code are misconduct. They are not recognized as socially dangerous, although they do some harm.
One type of such misconduct is administrative. They are expressed in the action or passivity of a legal or natural person. Moreover, for this misconduct the legislation provides for administrative liability.
Such acts prejudice the state and public order, property, environment, rights and freedoms of citizens, as well as established norms and rules of management. There are many examples of such illegal behavior. This is petty hooliganism, violation of the transport regime, and untimely submission of a tax return, etc.
The composition of an administrative offense is established by the legislative acts of the Russian Federation and the federal code “On administrative offenses”. In some cases, such acts are considered by the courts or by arbitration, or of general jurisdiction. However, in general, decisions on administrative offenses are made by specially authorized bodies or their representatives, including fire control, customs and many others.
Disciplinary misconduct
You can talk about such illegal behavior when an employee improperly performs his official, labor or military duties provided for by the employer and internal acts of the enterprise.
Disciplinary misconduct as unlawful behavior is a truancy or being late for work, violation of labor protection requirements, etc. Unlike crimes, this type of act does not have an exhaustive list. Also, none of the legislative acts contains the very definition of the term “disciplinary misconduct”.
As a punishment for being late or poorly performed work, the administration of the enterprise may impose one of the penalties on its employee that is provided for by the Labor Code of the Russian Federation or local acts of the organization.
Civil misconduct
This is a special type of illegal act. Considers its Civil Code. Obligations contained in the contract and not fulfilled by one of the signatory parties are considered a tort. This is a civil misconduct. The list of such actions also includes an illegal decision to conclude a transaction, violation of the rights of the owner, and much more. An exhaustive list of such misconduct relating to both individuals and legal entities is not defined by law.
What sanctions apply for such misconduct? This is compensation for material as well as moral damage, restoration of all violated rights, fulfillment of obligations stipulated by the contract, compulsory collection of debts, etc.
There is a basic rule according to which liability for civil misconduct lies with persons who have not fulfilled or improperly executed previously accepted agreements. However, each rule has its own exceptions provided by law. So in cases of civil misconduct. For example, compensation for harm is made by the owner of the source of danger, regardless of the fault of the causer of the damage. Such a person can be completely exempted from responsibility if he can prove that his behavior was the result of force majeure and had no intent.
Material offenses
Such misconduct includes cases where employees or workers have caused damage to their organization, enterprise or institution. In this situation, legal sanctions are applied to them. This is the deduction of part of the salary, the reimbursement of the value of the damaged thing, etc.
Procedural offenses
Such misconduct includes, for example, failure to appear in court, for questioning by an investigator, refusal to voluntarily issue material evidence, etc. Forcible sanctions apply to the relevant authority or to a specific official.
Why do people break the law?
The company takes various measures to ensure that citizens behave within the framework established by the adopted norms and rules. However, despite this, a large number of people still commit illegal acts. Why do they go for it?
In the formation of illegal behavior, a significant role is played by various social processes. This includes the imperfection of the legislation and the weakness of power, a low standard of living and social disasters.
The motivation of some people to commit unlawful acts is the desire to achieve success at all costs and receive a large income. Moreover, if a person does not have the opportunity to freely use public goods, then legally reaching this goal is simply impossible.
One of the social causes of unlawful behavior may be the accepted tendency for people to label. In a number of cases, a person again and again commits a crime in connection with the operation of the principle of a vicious circle. The initial unlawful act was committed by him by accident. Then he was punished.
Then a person acquired in places of imprisonment mushrooms of violent relations. After his release, he has difficulties with social adaptation. A man is labeled as a criminal who, together with life's difficulties, pushes him to a more serious illegal action.
The formation of antisocial behavior is also affected by the conditions that are created in dysfunctional families.
Legal education and assistance
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