An offense is a dangerous act against the rules that harms not only an individual, but also society. It should be understood that lawful behavior is the antipode of the offense, since the former is committed within the framework of certain requirements of the rule of law and finds its implementation in legal relations. An offense, on the contrary, violates legal requirements. The consequence of this is the inability to function normally in society, to exercise their rights, to distribute spiritual and material goods. Accordingly, an offense is, first of all, the behavior of a legally capable person that conflicts with the prescribed rules of law, causes harm to other people, and this entails legal liability.
An offense has a number of signs by which it can be distinguished, for example, from violations of extra-legal rules (customs, moral standards).
Signs of Offenses
A legal violation cannot be considered if it is present only in a person’s thoughts, and therefore actively reveals itself only in a behavioral act of action / inaction.
Legal violations are socially dangerous. However, there is still no definite opinion whether misconduct is dangerous to society or not. However, all offenses are dangerous to one degree or another for society, this is confirmed by punitive measures, which are established even for a small violation. In some cases, a person is punished for misconduct much more severely than for a crime. For example, for a crime punishment can be imposed in the form of a fine, and for administrative misconduct - correctional labor.
An offense is an activity that is unlawful. Unlawfulness means that a behavioral act was directed against the law, that is, done contrary to it. Unlawfulness causes social danger: if an action is dangerous for a particular individual or society, then it is unacceptable by legal standards.
Currently, offenses can be committed solely by humans. For example, in the Middle Ages animals could be the subject of offenses, which were judged by all the rules. At the same time, an offense is an act that can be committed not by any person, but only by one who can direct his behavior.
The last sign of an offense is punishment as a property of this act. Recognizing a particular action / inaction as unlawful, the legislator without fail prescribes sanctions for its commission.
In the event that at least one of the signs is missing, we cannot talk about an offense.
Types of Offenses
Disciplinary. Compared to other species, they cause the least public harm. Their main feature is disobedience to internal rules, violation of discipline. In this case, such sanctions as a remark, reprimand, dismissal are provided.
Administrative offense is an action for which administrative responsibility is provided. In this case, we can talk about an encroachment on the state / public order, freedoms and rights of others. An example is a violation of traffic rules, fire safety. Administrative misconduct leads to warnings, fines, confiscation of the subject and more.
Civil offense (civil tort) entails the obligation to compensate for the damage caused. Responsibility for them is provided by the norms of family, land, civil law.
The crime. It poses a special danger to society and harms the most significant social relations.