2. Plan
1. Concept of the offense
2. Causes of the delinquency
3. Delinquency features
4. Elements of the offense
5. Types of the offence
3. 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.
4. 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.
5. 3.DELINQUENCY FEATURES
Delinquency 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
6. 4. Elements of the offense
an object
an objective side
a subject
a subjective side
7. 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).
8. 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.
9. 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.
10. Disciplinary offenses
• Disciplinary offenses are violations of
manufacturing, service, military, educational
and other duties, and for which disciplinary
responsibility is predicted.
11. 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.
12. 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.
13. 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.
14. 2. Are thoughts an offense?
• a) Yes
• b) No
• c) In some cases,
15. 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
16. 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
17. 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
18. Performers
• the students of a third year,
• the first group, 6508/1 specialization
• daily form of studying
• Natalia Klokun
• Marina Matsak
• Nguyen Ha Chang