The mental attitude of a person to perfect thempublic dangerous act called guilt. It manifests itself in the form of action or inaction and socially dangerous consequences resulting from the crime committed by negligence or intent. The negative attitude of the person to the customs, rules, norms, requirements adopted in society, is manifested in the commission of a crime, which determines the social significance of guilt.
Wine is one of the must-have signs.crimes included in its composition as a fact of objective reality. Criminal liability in Russia comes solely in the presence of this factor. In his absence, responsibility does not occur.
Guilt in criminal law has two forms. Consider them. At the same time, crimes with two forms of guilt can simultaneously be part of one illegal act.
What are we talking about?
Guilty person is recognized if he madeintentionally or through negligence a wrongful act. In criminal law, there are two forms of guilt - intent and negligence. What it is? Intention is direct or indirect. Reckless wines include carelessness and levity.
Intentional wine
Direct intent is expressed in the awareness of the danger to the people around them by the person of his actions, his understanding of the inevitability or possibility that certain consequences will come.
Indirect intent is characterized by awarenessa person who has committed a criminal act, a public danger, as well as foreseeing the possibility of the occurrence of consequences, the lack of desire for their appearance. But at the same time the person treated them with indifference. Or we are talking about the conscious admission of negative consequences.
Reckless wine
Negligence is expressed in the fact that the perpetrator does not belong indifferently to the consequences of a crime. Therefore, this factor is considered a less dangerous type.
Negligence is expressed in two forms of guilt:frivolity and negligence. A crime committed through negligence is expressed in the absence of foresight by the person who committed it, the occurrence of serious consequences. But with the necessary forethought and attentiveness, the person could and should have foreseen the onset of certain consequences.
A frivolous crimeIt is considered the act of a person who foresaw the possibility of the arrival of the dangerous consequences of his actions for the people around him, but who counted (without sufficient reason) to prevent them.
Crimes with two forms of guilt
The bulk of the crimes committed with oneof the considered forms of guilt. At the same time, some qualified compositions of deliberate illegal acts provide for the presence of two of these components simultaneously. Like this? For example, on the part of the subject of the crime, intent towards the act committed and carelessness regarding its consequences are observed.
Two forms of guilt in criminal law mayarise when an intentionally committed act causes certain consequences. In this case, the plans of the defendant, they were not covered. This means that the person did not want and did not allow the onset of dangerous consequences.
Например, две формы вины в одном преступлении expressed in causing serious injury to health. And this resulted in the death of the victim through negligence. At the same time, the perpetrator was aware of the danger of his action, foresaw the onset of consequences, but in the form of causing grievous harm to his health. He desired and allowed their advance. But he did not intend to cause the death of the victim.
Administrative law
As part of the subjective side of the compositionoffenses in administrative law, fault - the internal attitude of the person who committed the act to this crime and the resulting harmful effects. Only in the presence of the guilty unlawful act comes a certain legal responsibility for individuals and legal entities.
In administrative law, the division into two forms of guilt most often does not make sense in relation to legal entities.
They have everything determined by the subjective sideoffense. There is an analysis of the mental attitude of the collective subject to the perfect offense. The form of guilt is determined. The circumstances are assessed for taking possible measures to comply with the law and whether there is a possibility for this.
Forms of guilt
There are two forms of guilt in the Administrative Code - negligenceand intent. Consider them in more detail. The form of guilt in the form of the intent of the committed offense is expressed in the person's awareness of the wrongfulness of his act, anticipation of the occurrence of harmful consequences, the desire and assumption of their occurrence or indifference to them.
Offenses committed by negligence,characterized by the vision of the face of the onset of the serious consequences of their actions, but without any basis arrogantly counting on their prevention or the ability to foresee.
Умышленная форма вины выражается в косвенном или direct intent. He, in turn, consists in the person's awareness of the wrongfulness of his act, in anticipation of the onset of harmful consequences, conscious admission or indifference to them. In direct intent, the offender wants the consequences. If the intent is indirect, then the person does not wish to cause harm, but treats his actions with indifference or consciously permits his causing.
A careless act can be expressed in two forms of guilt: carelessness and levity.
Frivolity consists in foreseeing the onset of a possible unlawful result. But the man counted arrogantly on his prevention.
Carelessness is characterized by the lack of foresight in a person that there will be unlawful consequences. Although the man had to and could foresee their offensive.
An administrative offense committed intentionally is more dangerous than an offense committed through negligence.
Most articles of the administrative code are notindicates the form of guilt, since it is not necessary. Administrative responsibility occurs regardless of the careless or intentional guilt. For example, if the driver violated the rules of the road. The violation could have occurred intentionally, that is, when the driver, for example, saw a sign, but deliberately committed a violation or when the driver did not notice the sign, that is, he neglected the rules of the road through negligence. Both in the first and in the second case equal measures of administrative responsibility will be applied to the driver.
In administrative law, there are no offenses with two forms of guilt compared to criminal law, where the corpus delicti with two forms of guilt takes place.
Wines in administrative and criminal law
Administratively, as in criminal law,There are two forms of guilt - intent and negligence. Without evidence of guilt, it is not possible to apply criminal liability measures to a person. Depending on how the crime was committed, intentionally or through carelessness, the severity of the punishment depends. For example, in the case of destruction or damage to property, where the form of guilt (deliberate destruction or negligence) depends on what punishment the offender will incur - imprisonment, fine, corrective labor, imprisonment. In criminal law (as opposed to administrative law) there can be crimes with two forms of guilt. We have already mentioned this. More than two forms of guilt in crimes can not be.
In administrative law, the considered factordoes not affect the size of the sanctions. That is, it does not matter whether the intent or the offense was committed through negligence. For example, violation of the rules of maneuvering. The form of guilt is not important for the application of a sanction, but the fact itself matters. The driver could have intentionally violated traffic rules or not noticed a sign. The administrative penalty of this remains unchanged.
Difference offense from crime
Administrative offense and crimeare socially dangerous acts. In criminal law, the level of public danger is significantly higher than in administrative regulations. Social danger is expressed in specific signs and indicators characterizing the individual elements of the crime and enshrined in the rules of law. It is the establishment of the legal composition that affects the possibility of delimiting the offense and the crime. This usually occurs on the basis of the objective side of the composition, that is, is determined by the absence or presence of serious consequences. Also, the level of public danger can be determined on the basis of property damage. For example, the theft of another's property worth more than five minimum wages is considered a crime. And if the figure is less than or equal, then it is an offense.
