LawCriminal law

The concept of criminal liability

The concept of criminal liability means the punishment of a person for committing a wrongful act that poses a danger to the life or health of the community, as well as for other misconduct that contradicts the norms of the current legislation.

Criminal responsibility is a concept used and implemented by the judicial authorities on the ground and on a national scale. This term can be considered in one of three main forms:

  1. Responsibility in the form of sentencing charges, punishments and, as a consequence, convictions.
  2. In the form of a sentence and suspended sentence.
  3. For children of minor age, educational work is provided, which is mandatory and replaces conviction. Thus, the child is punished for committing unlawful acts, but is not placed in places of deprivation of liberty.

The concept and basis of criminal liability is based on the fact of committing an act, the essence of which is considered illegal. That is, in the Criminal Code there is an article prohibiting this or that act. In order to send the case to court, the investigator must indicate the nature of the crime, which confirms the existence of grounds for accusing the suspect. The composition is a complex of features, both subjective and objective, thanks to which the act can be officially classified as actions that violate public order or threaten the life and health of citizens.

So, as the given attributes it is possible to allocate four basic elements:

  1. The object is that value or material good that is affected by the perfect action. It is assumed that the result of an act may be damage to property or other kind of sabotage.
  2. The objective side provides for a special act capable of harming society or a particular person. The concept of criminal liability provides for the consideration of the reasons for the existence of a particular fact, the consequences to which it led, and the ways in which these concepts are connected. As an example, one can single out the method of accomplishing a crime, a means, an instrument of crime, and so on.
  3. The subject is a natural person who is of sound mind and has reached a certain age, from which responsibility for his own actions takes place.
  4. The subjective side includes all the psychological factors that have influenced the severity of the crime. These signs suggest a certain motive, a preliminary intent. In addition, the investigator is obliged to find out for what purpose the act was committed, and also whether there are grounds to consider the person psychologically unstable, that is, whether it is worth examining.

The concept of criminal liability is expressed in two forms:

  • Act.
  • Inactivity.

The first means the commission of an actual act contrary to the law and requiring an appropriate punishment. And inaction can also be punishable, because there are situations in which some help or another act is extremely necessary. Then the absence of fact can serve as the basis for bringing to justice.

Thus, the notion of criminal responsibility is not only a duty of the judicial body to punish a person for committing wrongful acts, but also an opportunity to restore justice in the case of an innocent person. Legislative power is created with the aim of protecting the rights of all citizens of the country and persons of a foreign state. Law enforcement officials should understand the behavior of the offender, his emotional state at one time or another, in order to take the necessary precautionary measures in time.

Similar articles

 

 

 

 

Trending Now

 

 

 

 

Newest

Copyright © 2018 en.birmiss.com. Theme powered by WordPress.