Composition of the offense

The concept of "the composition of a civil offense" in legal science is defined as "a description of the signs of illegal action." In this case, a specific scheme has been developed, in accordance with which this description is carried out. Thus, the composition of the offense is a complex of elements. They include: the objective side, the object, the subjective side, the subject. In turn, these components are divided into mandatory - included in each composition of the offense, and optional - inherent only to certain systems.

The objective side is characterized by the action, the way it is committed (using the gun, special means, the group, repeatedly, systematically). The circumstances, the time of the commission of an act (during an epidemic, a natural disaster and others) refer to objective signs characterizing the composition of the offense.

In some cases, the composition of the offense may include only the fact of commission, which will be sufficient to bring the perpetrator to justice. Such actions, for example, include speeding, storage of weapons without permission, non-compliance with labor protection regulations and others. If the perfect action entailed consequences, responsibility increases or a more severe liability arises.

The composition of the offense may include the determination of all the consequences of a committed action. In accordance with this, it is also envisaged to establish the cause-effect relationship of the action itself and the consequences that have occurred after it.

The person who committed the illegal act is referred to as the subject of the offense.

In the process of carrying out the punitive, criminal responsibility of the offender, circumstances that affect the degree of severity of the punishment envisaged are taken into account. In particular, it can be mitigating (pregnancy, minority and others) or aggravating (a state of intoxication, the presence of previous convictions, unaccounted recovery and other) circumstances.

Some compositions of offenses provide for the existence of a special subject: an official, a medical officer, a serviceman, and a transport employee. This component also has an impact on the degree of severity of the punishment provided.

In a number of offenses, entities are organizations. An enterprise or an institution can be held accountable for the fact of committing various violations. For example, if the work is not in compliance with the established rules and regulations, if the rules for nature protection are not followed, and so on. When committing property offenses, legal and physical persons are responsible. The media can also be included in the media, television, radio and other media. In this case, the illegal act is, as a rule, the dissemination of unreliable information.

Concerning those compositions of offenses in which the action qualifies without interrelation with the consequences, a general principle is used. It provides that ignorance of the published law does not exempt from liability in the event of its non-compliance.

In the presence of complex compounds in which both the act and its consequences are considered, an important element is the differentiation of types of guilt. So, there are discrepancies and intentions. Intention is deemed to be an act if the offender foresaw negative (dangerous or harmful) consequences and wished for their offensive (direct intent) or admitted deliberately their offensive.

The act is recognized as committed by negligence in the case when the offender, foreseeing the negative consequences, thought lightly of preventing them or not envisaging their occurrence, although he should and could do it.