The concepts of "lawful behavior" and "offense" in any society are considered antipodes. Moreover, the second term has several definitions. However, each of them reflects the legal composition of the act.
In general, the indicated act is presented as socially dangerous, causing harm to society and contrary to legislative norms. In this case, the legal composition of the offense provides for certain liability in connection with the consequences.
As a rule, dangerous consequences occur after an illegal act has been committed. However, in some cases, they may result from a lawful act.
It should be noted that the illegal act is constantly controlled by the mind and will of man. An act is expressed in inaction or in action. Character traits, personal qualities or a person’s way of thinking cannot be considered signs of an offense .
The court does not have the right to punish for the way of thinking. However, he is entitled to convict for illegal actions arising from one way or another.
The legal structure 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 misconduct. This category is divided into several subcategories. So, for example, disciplinary, administrative, financial, civil, material and other misconduct are distinguished. Each of them is characterized by one or another legal structure of the offense.
A specific expression of the unlawfulness of an 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 in a specific contract.
The most important component of an illegal action is the presence of guilt. Moreover, the legal composition of the offense provides for intent or negligence. Guilt is a reflection of the mental state of a citizen, his attitude to action or inaction, contrary to the law, and to the consequences that arose as a result of its commission. Guilt actually means a person’s awareness of the inadmissibility (wrongfulness) of his actions, as well as the consequences that arise. That is why an act committed by a minor citizen and a person recognized by the court to be insane is not considered an offense, even if there is a legal corpus delicti, since such people are not able to understand, 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 be attributed the actions of firefighters, who in the process of extinguishing damage property.
Guilt can be presented in two forms: in the form of negligence and intent. The latter stipulates that a citizen who committed illegal actions, was aware of the dangerous consequences of his inaction or action, foresaw them and wished (or allowed) their offensive.
To identify guilt in the deed, it is necessary to find out first of all whether the person had intent. That is, whether he wanted the onset of dangerous consequences or not.
Carelessness can manifest itself in two forms: in the form of arrogance and negligence. Frivolity (arrogance) provides that a citizen, anticipating the dangerous consequences of his act, expects to avoid them.
Negligence mainly indicates a dismissive and irresponsible attitude towards the interests of another person and society.