We live in such a turbulent time when words like misconduct, an offense, a crime are constantly on our ears. Quite often, we don’t even think about what origin these words have and what they mean. But there is a difference between them, despite the fact that they are from the same area. In the article, we will examine in more detail what misconduct is and how they are classified.
Concept of misconduct
Despite the fact that these two concepts are quite similar, they, in fact, are fundamentally different from each other. Acts are unlawful acts that are not socially dangerous.
In fact, their accomplishment, as a rule, is not punishment, but a penalty. If an offense is committed, responsibility will follow anyway, but it will depend on its type.
Quite often, misconduct is attributed to minor violations, which are attributed to negligence or neglect of the rules and norms in society.
What is the difference between misconduct and crime?
Crime and misconduct, if we consider the point of view of forensics, differ only in severity, but they are a violation of the law.
Only after committing a crime is there always a punishment that can be presented (depending on severity) in the form of a real prison term and a large fine.
For many, a crime is when a murder or harm to human health is committed. But in fact, even without killing anyone, you can commit a crime (an example is financial fraud).
Misconduct has a much lower danger to society, and therefore the punishment should not be so strict. Quite often they are limited to one warning.
Varieties of misconduct
What is misconduct we have examined, but they can all affect different areas of our lives and be committed in relation, for example, to administrative or civil norms. It is on this basis that classification is built. Types of misconduct are as follows:
- Disciplinary.
- Administrative.
- Civil misconduct.
- Immoral.
Most law enforcement officials believe that any misconduct is the first step to committing a crime, especially when a person has not suffered any punishment for its commission.
Consider the types of misconduct in more detail.
Administrative Offenses
This category includes any illegal actions that violate public order, encroach on state property, freedom and the rights of citizens. This group also includes misconduct in the field of health, labor, environment and so on.
For example, careless driving or non-compliance with fire safety rules can be attributed to administrative misconduct. Violation of public order, encroachment on monuments of architecture and history also belong to this category of violations.
For such offenses, as a rule, may follow:
- Fine.
- Confiscation.
- Correctional work.
- Administrative arrest for up to 15 days.
Administrative violations and penalties may only be considered by authorities that are authorized to do so.
It is possible to punish a person for a committed administrative violation within a year from the moment of its commission.
Disciplinary misconduct
The very concept of discipline is absolutely understandable for everyone. At home, we demand this from our children, and in the workplace we must observe it ourselves. Discipline is the observance of certain rules and norms that are adopted in a given society, in an enterprise.
Most often, the commission of a misconduct of a disciplinary nature is associated with a violation of the conditions that are prescribed in the employment contract. For example, negligent attitude to the performance of one's job duties or their complete disregard is an example of a disciplinary offense.
The investigation of such a violation will not be dealt with by law enforcement agencies, but by the administration of the enterprise. The Labor Code prescribes disciplinary sanctions, they can be as follows:
- Comment.
- Rebuke.
- Transfer to another, less paid position.
- Dismissal.
What is disciplinary misconduct is now clear, but it must be remembered that the penalty for such a violation, the administration must apply no later than 1 month from the date of its discovery.
Civil misconduct
This variety of offenses can be attributed to the most harmless in relation to society. If we consider civil misconduct, examples include the following:
- Copyright Infringement.
- Distribution of false rumors about a person that are offensive in nature.
- Failure to fulfill contractual obligations.
- Causing property damage.
- The conclusion of transactions that do not differ in their legality.
If a person has committed an offense of this nature, then the following punishment may follow:
- Indemnification.
- Compensation for non- pecuniary damage.
- Payment of "penalty".
- Forced restoration of violated rights, etc.
Despite the fact that civil misconduct is considered the least dangerous to society, but a violation is a violation, so leave this unattended.
Immoral offenses
Such types of misconduct are often referred to as civil law, but it should be noted that immoral acts are most often intentional and involve violent acts against another person.
If we consider such misconduct, then we can trace that there is a violation of not civil rights, but moral standards. An example is:
- The commission of violent acts for educational purposes.
- Humiliation of human dignity.
- The assault in relation to their pupils.
- Public insult.
- In some cases, demanding bribes from students during the session is also considered an immoral misconduct.
- Drunkenness in public.
- Involvement of minor children in the process of drinking alcohol.
Quite often, the actors in such proceedings are employees of educational institutions, teachers and educators. If proven the commission of such an offense, then this is a good reason for the dismissal of an employee from his post. In this case, an appropriate entry in the work book is necessarily made, which in the future may lead to certain difficulties with the search for a new job.
If immoral misconduct is committed by a person who is not related to the process of raising children, then dismissal may not follow, but other penalties are applied.
Immoral misconduct is considered the most difficult in terms of proceedings and sentencing. Since the final decision on whether the offense is immoral or is evidence of disgusting education will depend on the personal moral qualities of the person who is involved in the proceedings.
The imposition of any penalty for committing an immoral misconduct must occur no later than a month from the date of its discovery and no later than six months from the moment it was committed.
Conventional classification
We have examined what misconduct is, and it becomes obvious that quite often the lines between the various types of offenses are quite blurred and arbitrary. For a long time, there has been talk in law enforcement agencies about transferring more than 60 administrative offenses to the category of criminal ones.
Of course, misconduct is an act that has less serious consequences for society, and, therefore, should not be punished so severely. But do not forget that very often only one minor detail separates the offense from the real crime, so the border between these two offenses is quite unsteady.
For example, if the driver drives the car at too high a speed, then this can be attributed to misconduct, but if as a result of such dashing driving he knocks a person, then it will be a crime.
In order not to have to understand the difference between crime and misconduct and not guess what punishment may follow, it is necessary to comply with all the rules and norms that exist in our society and be a law-abiding citizen.