Offence: concept and composition

Plan

1. Concept of the offense2. Causes of the delinquency3. Delinquency features4. Elements of the offense5. Types of the offence

1. CONCEPT OF the OFFENSE

•Unlawful people`s behavior cause offences. Offences are unlawful, social harmed people's acts for which juridical responsibility is predicted.

•Offence is social harmed or dangerous guilty acts of delictable subject that encroach on the social relations guarded by law.

2. CAUSES OF the DELINQUENCY

Factors of subjective nature:

Circumstances, depending on the individual:

the low level of legal awareness and legal culture, legal nihilism.

Factors of objective nature

Circumstances that is beyond the person control:

specific social controversies, a manifestation of the social crisis, precariousness of the social situation, unemployment, differences in the development of productive forces and society needs, the gap between rich and poor population stratums.

3.DELINQUENCY FEATURESDelinquency always manifests in person behavior

act or omission, namely a real unlawful action or wrongful failure of the law regulated conduct

Social danger of activity (act or omission)

causing harmful effects or threat of causing such effects (damage may be moral, physical or material)

Wrongfulness of the act contrary to law, is done contrary to law, is a subject self-will

The guilt of the person who committed the wrongful acts

guilt is talked when a person had to choose the variant of the behavior but he committed against the law

Punishment of the offence

State may bring to juridical responsibility for violations in order to restore the violated rights of the subjects, followed by punishment of offenders

The causal link between the act and the result

namely the causing of harmful effects

4. Elements of the offense

an objectan objective

side

a subjecta subjective

side

5. Types of the offence Offenses are classified according to :• the degree of public danger - crimes and

misdemeanors ;• belonging to law: criminal, civil, administrative labor

law violations and others;• the range of people - personal and collective ;• the nature of the laws - legal and disciplinary ;• the nature of civil law violations - contractual and non-

contractual violations;• public life violations ( in the area of social and

economic relations, in the political sphere, in the sphere of everyday life and leisure).

Crimes

•Crimes (socially dangerous, criminal offenses). Legal expression of particular social danger of crimes is their prohibition by criminal law and using the criminal penalties for the crimes. In the criminal law are exhaustive list of crimes. Crimes are recorded only those acts that violate the prohibitions setted out in the Criminal Code.

Administrative offenses

• Administrative Offences (misconducts) are considered unlawful, wine (intentional or reckless) act or omission that infringes on the state or public order, property, rights and freedoms of citizens, on established management order and for which administrative liability is predicted by the law.

Disciplinary offenses

•Disciplinary offenses are violations of manufacturing, service, military, educational and other duties, and for which disciplinary responsibility is predicted.

Civil offenses •Civil offenses are a socially dangerous

violation of property and related with them personal relationships governed by civil, labor, family, financial, agricultural laws.

•Unlike crimes, civil offenses are not exhaustive in the legislation and their legal consequences entail law restore actions (failure to perform obligations under civil contract). Civil liability is largely compensatory.

Constitutional misconducts •Constitutional offenses are detrimental to

government order; its object is organization and activities of the state and the head of the state, the procedure for the formation of other state organs, the form of government and the state structure assigned by the Fundamental Law, therefore, a state form or state machine can become the offence object, it can also be constitutional person rights.

Tests

1. Which of the following elements of an offense is overkill?

•a) Acts; •b) Socially harmful; •c) Thoughts; •d) Wrongfulness; •e) Guilt; • f) Punishable.

2. Are thoughts an offense?

•a) Yes •b) No •c) In some cases,

3. The offense is classified according to the public danger degree:

•a) Crimes; •b) Regulatory and legal; •c) Disciplinary; •d) The Contracting offense; •e) Misconduct; • f) Non-contractual delinquency

4.Offense is …

a) Social and necessary, desirable and acceptable in terms of public interest individual and collective behavior, it must comply the law requirements, it is guaranteed and protected by the state.

b) Conduct that violate the law rules.

c) All answers are correct

5) May a legal entity be a subject of an offence?

•a) Can •c) Couldn`t •c) Maybe, but in some cases •d) All of the answers are not correct

Performers

• the students of a third year,• the first group, 6508/1

specialization• daily form of studying

• Natalia Klokun• Marina Matsak

• Nguyen Ha Chang