Offense is the actions of a capable person,possessing will and consciousness, contradicting the established legal norms and harming society as a whole. Such acts entail a certain responsibility, regulated by laws. There are following signs of an offense.
Violation of established legal norms canthere is an action or, on the contrary, inaction. This category can not be attributed to the event, because it does not depend on the activities of man and is not subject to strong-willed control. For example, epidemics, fires, floods and earthquakes - this is not an offense.
Human actions contradict the law in thatIf they do not comply with the established norms of the scale of behavior. Inaction entails responsibility when there are legal norms prescribing certain mandatory actions in specific situations. Signs of an offense suggest that a person committed an act that was expressed in the outside world. That is, the violation of legal norms can not be considered feelings, internal images and human thoughts that were not realized in the material world.
Signs of delinquency mean under itselfActs that are contrary to objective laws. There is also a subjective side here. Objective legal norms are applicable only to cases of conscious acts. They do not refer to persons who are incompetent. In addition, in civilized developed countries, actions, about which nothing is said in the law, a priori can not be illegal.
One of the features considered ispresence of the fact of harm and public danger - a set of negative phenomena, the cause of which was an offense. For example, this may be a violation of the existing order, the destruction of goods, the trampling of personal freedom, disorganization and much more. Harm can be both moral and material.
The following signs of the offense aresubjective. That is, such a moment of deed as wine is taken into account. A person can commit an act that is contrary to legal norms, intentionally. That is, a person foresees that his actions will cause harm. Also, a person can commit an offense through recklessness. That is, a person does not realize that his actions will be followed by negative consequences.
The offense presupposes a causal relationship. That is, it must be proved that there is a connection between the actions of the person and the negative events that have occurred.
Consider the notion and features of the administrativeoffenses. The definition of this phenomenon, which is still relevant, was given in 1980. Administrative violations are actions that are contrary to established legal norms, but do not fall into the category of crimes. The main features of the unlawful acts in question are similar to those discussed above. However, this industry also has additional features. In particular, they are:
- time and place of commission of an administrative wrongful act. This feature is paramount and mandatory;
- social danger. That is, it is implied that the act entails a violation of the existing order, the violation of the freedoms and interests of other people.
Otherwise, the signs of administrativeoffenses are similar to those of other similar industries. This is not surprising, because the legal norms are based on unified logical laws. The signs of delinquency allow us to determine whether an act can be considered to be inconsistent with the current legislation.
