Illegal behavior is ... What are the signs of illegal behavior

Illegal behavior is the actions of a person, as a result of which a crime is committed. In this case, a certain condition must be met. Namely: a person is not only fully aware of his actions, but is also able to manage them.

Illegal behavior is not only an unlawful act, but also inaction. It is the absence of any movement that should have been carried out.

In the criminal sense, illegal behavior is a crime. The fact is that both these concepts (unlawful behavior and crime) imply similar phenomena of social life.

Features

In any society, offenses are a punishable socially dangerous phenomenon. After all, illegal activities harm the interests of not only the state, but also its citizens. How to determine the legitimacy of this or that act of man? There are signs of illegal behavior for that. Among them:

1. Illegal actions. These include those actions that contradict the limits of behavior specified in the norm.
2. Illegal inaction. This is passivity and non-performance of official duties (sleep guard at the post, failure to pay taxes , etc.).
3. Violation of the norms of law containing legal prohibitions and duties.
4. Presence of the harm caused. This feature is expressed in the totality of those negative consequences that led to illegal behavior. It is the destruction of values and goods, as well as the disorganization of social relations. Harm is an indispensable sign of any unlawful behavior. And the damage caused may be moral or material, organizational, personal or physical. In addition, harm is classified as insignificant or significant, non-recoverable or recoverable, and also unmeasurable or measurable. Sometimes that which falls under illegal actions does not apply to offenses. This is all that is done due to force majeure, necessary defense , etc.
5. The presence of guilt as a subjective moment of the act. This is intent or negligence, showing the person's psychological attitude to his unlawful behavior.
6. The presence of a causal relationship. This sign indicates that the onset of harm became possible only after the crime was committed.

Classification of unlawful behavior

Depending on in which sphere of public life the illegal act is committed, the crimes are distinguished:
- in economics;
- in management activities;
- in the family-household area.

In addition, illegal behavior can be:
- aimed at achieving a specific goal;
- not setting themselves any specific task.

Violation of the rule of law can have a different degree of social danger. At the same time, it is recognized as either a crime or an offense. The attribution of a committed act to one or another type of offense depends on how much the harmful conduct brought by the person's unlawful behavior.

Objects of a criminal act

Illegal behavior can be aimed at weakening the state and social system, the existing system of management, various forms of ownership. The rights of citizens, including property, personal, labor, political, etc., can become an object of illegal behavior.

Commission of crime

In characterizing unlawful behavior, first of all, its public danger is considered. At the same time, committed crimes are classified as having a small or medium gravity, grave or especially serious.

The basic norms of the law adopted in our country for such unlawful actions prescribe the application of the most stringent measures of state coercion. The whole list of such punishments is contained in the Criminal Code of Russia. This list is closed. Any changes in the list of such measures can be made only with the clarification and addition of the Criminal Code itself.

It is only the court that has the right to recognize a person guilty of a committed crime. This body appoints and punishes corresponding to unlawful behavior. At the same time, the judge is guided by the Criminal Code, which contains a complete list of all criminal acts. The list is considered exhaustive and is not subject to any broad interpretation.

Administrative Offenses

All those actions that are illegal, but not considered in the Criminal Code, are misdemeanors. They are not recognized as socially dangerous, although they do some harm.

One type of such misconduct is administrative. They are expressed in the action or passivity of a legal or physical person. At the same time for this misdemeanor the legislation provides for administrative responsibility.
Such acts damage the state and public order, property, environment, citizens' rights and freedoms, as well as established norms and rules of government. Examples of such illegal behavior are many. This is petty hooliganism, and violation of the transport regime, and untimely submission of a tax return, etc.

The composition of an administrative offense is established by the legislative acts of the Russian Federation and the federal code "On Administrative Offenses." In some cases, such acts are dealt with by courts or arbitration, or general jurisdiction. However, mainly decisions on administrative violations are made by specially authorized bodies or their representatives, including fire control, customs and many others.

Disciplinary offense

Such illegal behavior can be said in the case when the employee improperly fulfills his official, labor or military duties, provided by the employer and internal acts of the enterprise.

Disciplinary offense as unlawful behavior is truancy or late work, violation of labor protection requirements, etc. Unlike crimes, this kind of deeds does not have an exhaustive list. Also, in none of the legislative acts does the very definition of the term "disciplinary offense" exist.
As a punishment for late or poorly executed work, the administration of an enterprise may impose on its employee one of the penalties that the RF LC or local acts of the organization provide.

Civil wrongdoing

This is a special kind of illegal acts. He considers his Civil Code. The obligations contained in the contract and not executed by one of the signatories are considered a delict. This is a civil law offense. The list of such actions also includes an illegal decision to conclude a transaction, violation of the rights of the owner and much more. The exhaustive list of such misdeeds, concerning both physical and legal persons, is not defined by the legislation.

What sanctions are applied for such misconduct? This is a compensation of material, as well as moral damage, the restoration of all violated rights, the performance of contractual obligations, the enforcement of debts, etc.

There is a basic rule according to which the responsibility for civil misconduct is borne by persons who have not executed or performed improperly accepted agreements. However, each rule has its own exceptions provided by law. So in cases with civil wrongdoings. For example, compensation for harm is made by the owner of the source of danger, regardless of the fault of the causer of the damage. Such a person can be completely discharged of responsibility if he can prove that his behavior was a consequence of force majeure and had no intent.

Material offenses

Such misdemeanors include those cases when employees or workers suffered damage to their organization, enterprise or institution. In this situation they are sanctioned by the right-restoration type. This is the retention of part of the wages, the reimbursement of the value of a damaged thing, and so on.

Procedural offenses

Such offenses include, for example, absenteeism, interrogation to the investigator, refusal to voluntarily issue material evidence, etc. As a sanction, a compulsory drive to the appropriate body or to a certain official is used.

Why do people break the law?

The society takes various measures to ensure that citizens behave within the limits established by the adopted norms and rules. However, despite this, a large number of people still commit unlawful acts. Why do they go for this?

In the formation of unlawful behavior, a significant role is played by various social processes. This includes the imperfection of legislation and the weakness of power, a low standard of living and social cataclysms.

The motivation of some people to commit unlawful actions is the desire to achieve success at any cost and get a big profit. In addition, if a person does not have the opportunity to freely use public goods, then it is simply impossible to come to this goal legally.

One of the social causes of illegal behavior can be the people's inclination to label. In a number of cases a person again and again goes to a crime in connection with the effect of the principle of a vicious circle. The original unlawful action was committed by chance. Then he was followed by a punishment.

Then the person acquired in the places of detention a violent relationship. After his release, he has difficulties with social adaptation. A label of a criminal is hanged on a person who, together with the life difficulties that have arisen, pushes him to a more serious unlawful action.
The formation of antisocial behavior is influenced by the conditions that are created in dysfunctional families.

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