At whatever high stage of its development the society may be, criminal offenses and civil offenses were and will be its integral part, examples of which can be observed in sufficient quantities today. Due to the complex structure of the human psyche, such atrocities are almost impossible to eradicate. But to prevent and nip, and also reduce the likelihood of damage caused by these actions to society, the state and civilians is quite realistic.
Unfortunately, every year the number of illegal acts only increases. There are new civil offenses, examples of which are taking more and more sophisticated forms. Reducing their number is a priority for employees of the legal system. Therefore, the main method of combating the violation of the law is the ability to convey to the masses information about the inevitability of punishment and socially dangerous consequences for society.
Civil offenses: examples, concept, signs
There is no definition of this concept in the legislative framework, but it is clearly formulated by the theory of law. A civil offense is an unlawful, guilty act of a tortable person who harms society by his actions, resulting in legal liability.
This concept can be expressed in a more simplified form. A civil offense is a behavioral act that can harm other people and therefore refers to extremely dangerous and undesirable forms of interaction. This is a kind of challenge to society and its values, an encroachment on the interests and personal needs of citizens, as well as on public order.
The concept and composition of a civil offense is characterized by the following main features:
- Public danger (harm).
- Wrongfulness.
- Guilty.
- Reality (acts).
- Punishability.
Consider each feature in more detail.
Public danger
Harm is an obligatory feature of every offense. It can be expressed in the aggregate of negative consequences that violate the legal norms of civil law. Its definition depends on the type of infringed interests, the object of the offense and subjective rights.
If we consider civil offenses (examples), harm can be caused by property (destruction or damage to property, theft, tax evasion , etc.) and non-property (insult, slander, bodily harm, etc.). Signs can be recoverable or unrecoverable, measurable or immeasurable, as well as more or less significant importance for individual citizens, collectives and society as a whole. Therefore, to determine and classify the offense, first of all, it will be necessary to establish the extent of the damage caused by this act.
Wrongfulness
The next sign of an offense is unlawfulness. It can be expressed both in violation of regulatory legal acts, and in failure to fulfill obligations enshrined in the signing of various agreements.
It should be noted that it is impossible to bring a person to legal responsibility for a committed act detrimental to society if this illegal action is not enshrined in legislative acts. Thus, the use of loopholes in tax legislation may not be encouraged by the state, but it is not possible to recognize such actions as offenses.
Guilt
The violator who commits an unlawful act always has a conscious opportunity not to commit this action. The guilty person is determined precisely on the basis of the choice that he made through negligence or intentionally, while ignoring the demands of society and the state.
At present, innocent and collective responsibility are excluded from the legal system, and its principle is the presumption of innocence. This means that until the criminal activity of the suspected person is proved in law, he is innocent of committing an unlawful act.
Reality and Punishability
The reality of the offense can be expressed by the following phrase: “they don’t judge for thoughts”, which implies the absence of legal responsibility for intentions, feelings and beliefs, as well as for the presence of certain personality qualities: religion, nationality,
social status , etc. It manifests itself only after the actually committed action .
In addition to declaring the ban, the law also provides for mandatory punishment for a civil offense. Examples: liability may result from the imposition of any additional deprivations, encumbrances, burdens of property or personal nature. It is impossible to bring the perpetrator to justice and carry out the punishment if his actions are not subject to measures of state influence.
Thus, all of the above signs of offenses give a clear description of the actions of the violator. This allows not only to impose legal punishment, but also to prevent crime in certain situations.