The concept of crime, delimitation of crimes from other offenses

Currently, many citizens have increasingly begun to wonder what the delimitation of crimes from other offenses is. The answer to this question is quite simple. The crime has the highest degree of public danger, it, like other offenses, encroaches on public relations protected by law, but can cause them the most serious harm. In addition, for committing atrocities punishments are provided only by the Criminal Code. You will learn more about this topic from this article.

Main

Crime is a socially dangerous and unlawful act, the commission of which is prohibited by criminal law under the threat of punishment. It can be carried out both by action and inaction of the perpetrator. If a person is only thinking about committing a socially dangerous act, then he will not bear any responsibility for this. Because mental activity is not punishable.

The presence of the highest degree of public danger makes it possible to significantly differentiate crimes from other offenses. But how is this manifested? Not only in criminal, but also in administrative law, there is a punishment for committing certain offenses. Only depending on the severity of the consequences, a person can incur criminal or other liability.

Criteria for delimiting crimes from other offenses

There are only a few criteria delimiting crimes. These include:

1. The nature of the consequences of the deed. For example, if due to violations of labor protection rules at the workplace, the health of a subordinate of moderate gravity was inflicted, the guilty person can only be brought to disciplinary or administrative responsibility, but if the employee received serious injuries, the guilty person will face criminal punishment.
2. Goals and motives for the implementation of the plan. Here, the attacker knows in advance that he is carrying out an illegal act, and may be held criminally liable for this. For example, if an employee is engaged in illegal registration of transactions with land for the purpose of personal enrichment, then this will be a criminal act, otherwise it is just a disciplinary offense.
3. The form of guilt is one of the main and main differences, because if a person intentionally caused another citizen minor injuries, the perpetrator should be punished under the Criminal Code. But in the case when the victim received minor injuries due to the negligence of another person, then this is a civil liability.
4. Crime is provided only by criminal law, it entails the occurrence of such adverse consequences as obtaining a criminal record after serving the sentence.

General

So what, then, is the delimitation of crimes from other offenses? As mentioned earlier, the presence of the highest degree of danger. Because the implementation by criminals of criminal acts is a serious threat to others. In addition, the deed does severe harm to public relations protected by the state. Therefore, the perpetrator of a criminal offense can be punished not only with a fine, but also with a prison term in a colony.

Addition

Nevertheless, there are many objects, attacks on which can be both crimes and other offenses (civil tort, disciplinary or administrative offenses). For example, a car accident in which cars collided without injured people would not be considered a criminal act. Even if in the accident one of the passengers or the pedestrian received minor injuries, then this is just an administrative violation.

But in the event that a person died or was seriously injured in a traffic accident, the perpetrator faces criminal punishment. In this regard, it is very important to know what exactly is the delimitation of crimes from other offenses - the severity of the negative consequences of the deed.

main feature

The delimitation of crimes from other types of offenses lies also in the fact that only for committing a socially dangerous crime can a person be sentenced to a real term of imprisonment in places of isolation from society, even after the departure of which he will be considered convicted for a certain period of time (depending on severity of the deed).

A criminal record is a very negative legal consequence that forever leaves a bad imprint on a citizen’s biography. As a rule, in this case he cannot even get a good job, because he is simply not accepted anywhere. For the commission of administrative or disciplinary offenses, such negative consequences do not arise.

Total

So, then, a crime is an unlawful act, sanctions for which are prescribed only in criminal law. The commission of crime has its negative legal consequences. Of course, for the implementation of administrative or disciplinary offenses, a person will also be held accountable, but not criminal, therefore he will not receive a real term and criminal record.

Offenses that are not crimes are recorded in the Civil Code, the Code of Administrative Offenses, labor laws, other regulatory acts in force in the Russian Federation. They are characterized by criminal wrongfulness, and therefore do not have very serious consequences. Indeed, for travel in public transport without a ticket, a person will not be sent to the colony, but will only be fined. But if such a passenger attacks one of the citizens and causes harm, then imprisonment may well await him.

Thus, as mentioned earlier, a crime differs from any other offense in a higher degree of public danger. This is manifested in the severity of the consequences of the deed. In addition, a criminal record as a specific, legal phenomenon indicates that a person has already committed any crime and has been convicted of it. While misconduct does not entail such serious consequences.