Types of liability in criminal law. The main purpose of criminal punishment

Any responsibility is an obligation to perform some actions aimed at fulfilling their obligations under the law. Failure to fulfill their obligations to the state, society as a whole, to close people and, as a consequence of this, a violation of the rights and norms of behavior in society causes the application of measures establishing such a responsibility to such people. According to the types of non-fulfillment of obligations, the types of liability are divided into civil (civil), administrative and criminal.

Civil liability arises in the event of failure to fulfill their obligations and obligations undertaken by individual citizens of the country of the established rules of public behavior and civil law. In addition to these types, there are also moral responsibility, material and disciplinary.

In the case of administrative offenses in any area of ​​entrepreneurial activity comes administrative responsibility.

Criminal liability is a punishment that comes in force of actions taken that infringe on the rights and freedoms of citizens aimed at destroying the political system and economic foundations of public administration. A criminal offense is an act or omission based on a dangerous unlawful act representing a public danger.

Comparing the types of liability, it can be noted that the criminal is more severe, since sooner or later you have to answer for all unlawful acts that pose a public danger and have signs of a criminal offense. This kind of responsibility and punishment for it is possible only if there is a corpus delicti.

In many ways, the types of liability used in punishing a criminal offense depend on the subjective component. The fault of a person who has transgressed the law may be in the form of intent or through negligence. A crime is considered intentional if during the investigation it was established that the person who committed it clearly understood the outgoing danger from his action or from inaction, wanted it to come and foresaw all the dangerous consequences afterwards. A crime is deemed to be executed by negligence if the person who executed it foresaw the dangerous consequences of his illegal actions, but did nothing while frivolously hoping to prevent them later, or hoping that there would be no serious social consequences.

The types of liability, the degree of criminal punishment and the measures applied to the guilty person depend on the circumstances and vary in each case. The Criminal Code provides for criminal liability, considering all circumstances (aggravating and mitigating) cases, and also identifies various circumstances that exclude the onset of criminal liability. This is necessary self-defense and an extreme degree of necessity. The first is recognized by the court as lawful in relation to the criminal, if only the crime is associated with violence that threatens the life of another person, and the necessary limits are not exceeded. In the second case, an urgent need includes an action to eliminate the threat to the state, society as a whole. When the harm caused is significantly less in comparison with the averted public danger in the suppression of unlawful acts.

The main purpose of punishment in a criminal offense is to correct the guilty person and prevent new offenses in this area. Punishment can be imposed in the form of community service, or a ban on holding certain posts for some time, and it can also be correctional labor or imprisonment.

Source: https://habr.com/ru/post/K8329/


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