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The concept of “guilt” in criminal law
The presence of guilt refers to an obligatory and necessary feature of the subjective side of acts classified as crimes. Domestic criminal legislation is built on the principles of subjective imputation, which means the possibility of applying criminal law norms only to those persons who have committed criminal acts that pose a public danger, when their guilt is established.
Harm caused in the absence of guilt cannot be criminally punishable. It is unacceptable to bring to criminal punishment for personal thoughts, beliefs, or causing harm by accident. The purpose of the industry is to protect society from criminal attacks, which distinguishes law from morality or religion.
Guilt, as a sign of a crime, is its integral part. Guilt is understood as a person’s mental attitude to the act he committed and the consequences that occurred as a result of its commission. Based on this definition, we can identify the characteristics that are inherent in wine:
- the intellectual component, manifested in the reflection of cognitive processes occurring in the psyche of the criminal. Thanks to this component, it is possible to determine the presence of actual signs of the situation that existed at the time of a certain behavior of a person;
- the volitional component, meaning the awareness or unconsciousness of the direction of mental or physical efforts that were required to achieve the goal, choose and execute a method of behavior in a particular situation;
- an emotional or sensory component, revealed with the help of intellectual and volitional signs and underlying the determination of the presence of intent or negligence in the actions of a person.
The main components of the content of wine:
- reflection of the subjective reality that took place both in the process of preparation and during the execution of the criminal act;
- psychic connection;
- attitude towards the surrounding world and its connection with one’s own interests.
You cannot blame every internal attitude of people. The forms of guilt that are recognized by criminal law are the intentional form of guilt and the careless form of guilt.
Only after determining the type of guilt can the level of social danger of the criminal’s actions be established and his act classified.
Social studies test Legal relations and offenses grade 10
Social studies test Legal relations and crimes for 10th grade students with answers. The test consists of 3 parts and is intended to test knowledge on the topic of Law as a special system of norms. In part 1 there are 15 tasks, in part 2 - 5 tasks, in part 3 - 1 task (essay).
Part 1 - multiple-choice assignments Part 2 - short-answer assignments Part 3 - extended-answer assignment (essay on one of the suggested topics)
Part 1
1. The offense cannot be in the form
1) deeds 2) thoughts 3) actions 4) inaction
2. Criminal liability as a general rule comes with
1) 15 years old 2) 16 years old 3) 18 years old 4) 20 years old
3. The ability of a subject to independently, through his conscious actions, exercise legal rights and obligations is called
1) legal capacity 2) delictual capacity 3) legal capacity 4) guilt
4. Magistrates are part of the court system
1) general jurisdiction 2) arbitration 3) constitutional (statutory) 4) federal
5. Legal liability is a type of liability
1) moral 2) religious 3) social 4) disciplinary
6. All Russian citizens have the right to go to court from the moment they reach
1) 21 years old 2) 18 years old 3) 16 years old 4) 14 years old
7. The ability of a subject to have legal rights and bear legal responsibilities is called
1) legal capacity 2) delictual capacity 3) legal capacity 4) legal relationship
8. Specific life circumstances with which the rules of law associate the emergence, change or termination of legal relations are called
1) legal facts 2) law enforcement practice 3) legal regulation mechanism 4) conflicts
9. The subject of legal relations cannot be
1) individual 2) legal entity 3) state 4) animal
10. A person’s attitude towards his illegal behavior and its consequences is called
1) guilt 2) motive 3) purpose 4) objective side of the offense
11. The purpose of legal liability is to
1) punish the offender 2) rehabilitate the offender 3) prevent the commission of illegal actions in the future 4) all of the above
12. Illegal behavior that violates legal norms and causes harm to specific people and society is called
1) legal relationship 2) legal order 3) offense 4) guilt
13. State coercive measures are applied to offenders who have committed
1) crime 2) administrative offense 3) disciplinary offense 4) all of the above
14. The objective side of the offense does not include
1) motive 2) act 3) harm caused by the act 4) cause-and-effect relationship between the act and the resulting harm
15. Legal liability for an administrative offense comes with
1) 14 years old 2) 15 years old 3) 16 years old 4) 18 years old
Part 2
1. A social relationship protected by the state and regulated by legal norms, the participants of which have mutual legal rights and obligations, is called __________.
2. Find in the list below terms that characterize the concept of the subjective side of the offense. Write down the numbers under which they are indicated.
1) guilt 2) place of offense 3) motive 4) time of offense 5) purpose 6) cause-and-effect relationship between the committed act and the unlawful result
3. Establish a correspondence between the forms of guilt and their content: for each position given in the first column, select the corresponding position from the second column.
Form of guilt
A) direct intent B) indirect intent C) gross negligence (criminal negligence) D) simple negligence (criminal negligence)
Content
1) the person did not realize the illegality and social danger of his act, did not foresee harmful consequences, but should and could have foreseen these consequences 2) the person was aware of the illegality of his act, foresaw the possibility or inevitability of harmful consequences, but did not want them to occur and without sufficient measures there is reason to arrogantly count on preventing these consequences; 3) the person was aware of the wrongfulness of his act, foresaw the possibility or inevitability of harmful consequences, but did not want to, although he allowed these consequences, or was indifferent to them; 4) the person was aware of the wrongfulness of his act, foresaw the possibility or the inevitability of harmful consequences and the desire for their occurrence
4. Below are terms related to the composition of the legal relationship. Object, subject, offense, subjective right, legal obligation. Find and indicate a term that refers to another concept.
5. Courts of general jurisdiction include
1) magistrates' courts 2) district court of Kamensky district 3) Charter court of the Tula region 4) Tver regional arbitration court 5) Kaluga regional court 6) Supreme Court of the Russian Federation
Part 3 (essay topics)
1. “Soft laws are rarely obeyed, harsh laws are rarely enforced” (V. Franklin).
2. “True responsibility can only be personal. A man blushes alone” (F. Iskander).
3. “It is impossible to take a single step on this earth without coming into contact with responsibility and duty that must be fulfilled...” (T. Carlyle).
4. “Only the punishment that he deserves disgraces a person” (Plautus).
5. “Commensurate punishments with offenses, otherwise they will be revenge” (P. Buast).
Answers to the social studies test Legal relations and offenses Part 1 1-2, 2-2, 3-3, 4-1, 5-3, 6-4, 7-3, 8-1, 9-4, 10-1, 11-4, 12-3, 13-4, 14-1, 15-3 Part 2 1. legal relationship 2. 136 3. 4321 4. offense 5. 1256
PDF version of the Test Legal relations and offenses (93 Kb, pdf)
The concept of “intention” and “negligence”
The deliberate form of guilt in the form of direct intent is characteristic of those cases where the perpetrator of the crime was aware of the social danger of his own actions, assumed the possibility or obligation of certain consequences, distinguished by public danger, and wanted such consequences to occur.
Intent, as a form of guilt, can be indirect, which distinguishes it from the previous form of guilt by the lack of desire for the occurrence of consequences that have a social danger, but provided that the person allowed the possibility of their occurrence or showed indifference to them.
Carelessness, as a form of guilt, is a less common type. This definition must be understood as committing acts frivolously or carelessly.
Frivolity is manifested in foreseeing the possibility of consequences, combined with arrogant calculation to prevent such consequences. In this case, a mandatory sign should be the absence of grounds for preventing consequences.
Negligence is characterized by failure to foresee the possibility of consequences that could have been expected if the person had exercised the due level of care.
There are crimes with double guilt. An example would be the presence of intent in relation to the act itself and negligence in relation to the consequences that it entailed.
Negligence and its types
Awareness
the socially dangerous nature of the act being committed means understanding its actual content and social significance.
Wish
- this is the will mobilized to achieve a goal, this is the desire for a certain result.
-negative—failure of a person to foresee socially dangerous consequences: The objective criterion is normative in nature.
The duty of a person to foresee the possibility of the occurrence of consequences with the observance of care and forethought, which follows from the law, official status. He should and could show the necessary care and foresee the occurrence of socially dangerous consequences. This sign is established using 2 criteria
Criminal liability depending on the form of guilt
Two forms of guilt, which are provided for by the current norms of the Criminal Code, are the primary source of actions to qualify acts that have signs of crimes.
The presence of guilt is a mandatory sign of an act. The very definition of guilt means the mental attitude of persons to the acts that they committed and the consequences that occurred as a result of such acts.
By considering the forms and types of guilt manifested in each specific case, it is possible to determine whether a person is a criminal and requires criminal punishment. It is possible that the absence of the necessary guilt will become a reason for the application of administrative punishment.
The most serious crimes are always committed with direct intent. Most often, such crimes have a preparation stage, are carefully thought out and are aimed specifically at a specific result.
The norms of the Criminal Code distinguish crimes with two forms of guilt. Such crimes are characterized by the presence of intent in relation to the acts committed and carelessness in relation to the consequences that occurred.
When assigning criminal liability by a judicial verdict, the court proceeds from the form of guilt that was inherent in the subject of the crime at the time of its commission. Grave acts and those recognized as particularly grave have the highest degree of punishment provided for by the sanction of the Criminal Code norms.
Crimes with two forms of culpability
Provisions of Art. 27 of the Criminal Code define the liability that arises as a result of committing crimes that are characterized by a double form of guilt. These are crimes committed with intent, having grave consequences, which were not covered by such intent.
Bringing the subject to responsibility for the occurrence of these consequences is possible only if the presence of negligence in relation to the consequences is proven.
Law enforcement and justice authorities consider crimes with two forms of guilt as those that were committed with intent. This is how it is defined:
- commission of an intentional crime by the guilty person;
- lack of intent to cover the consequences that were caused;
- the presence of serious characterizing signs of consequences, which entails stricter liability;
- establishing a connection between consequences and action;
- frivolity or negligence in the mental attitude of a person to the existing consequences;
- classifying consequences as a mandatory feature of a qualified act;
- general recognition of the act as intentional.
The forms and types of guilt for this category of crimes are almost always the same. Thus, in relation to the act itself, there must be direct intent, and in relation to the resulting consequences of negligence. The Criminal Code contains a large number of compounds that have a double form of guilt.
The complexity of this design is the reason for the existence of numerous law enforcement errors. The correct determination of guilt for the act and the consequences that resulted from them is the basis for the correct qualification and assignment of objective punishment.
