Detailed plan of offense and legal liability
28. You have been instructed to prepare a detailed answer on the topic “Offenses and legal liability.” Make a plan according to which you will cover this topic. The plan must contain at least three points, of which two or more are detailed in subparagraphs.
1. Concept of offense
2. Types of offense
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- 1 of 3 K1 Number of points
- TOTAL: 1 out of 3
Daria Aleksandrovna Kalinina
Unfortunately, the topic raised is not covered in your board. It is not enough to fulfill the requirement for the structure of the plan; you are required to disclose its main aspects. For offenses, it was necessary to indicate the reasons, elements of the offense, signs of the offense, and negative consequences. Regarding legal liability, it was necessary to include in the plan Types of legal entities. responsibility according to other criteria, functions, characteristics of legal entities. responsibility, etc. The more complete your plan, the more likely it is that you will receive maximum points for this task.
Concept and structure of offenses
Definition 1
An offense is an unlawful, guilty and dangerous act of an individual that violates the norms of objective law, for which legal liability is provided.
The basis for legal liability is the presence of an unlawful act, which contains all the signs of an offense provided for by law.
The offense includes the following elements:
- object - that which is aimed at an act that is unlawful in nature (social relations protected and regulated by law - public order, human rights and freedoms, constitutional order, etc.);
- objective side - socially harmful or socially dangerous acts (can be in the form of action or inaction, are illegal, the harm caused must be clearly visible, of a physical, material, moral, spiritual nature, etc.; there must be a cause-and-effect relationship) ;
- subject - an individual or legal entity that has committed an offense; the subject can only be a person capable of delinquency, that is, a person capable of bearing legal responsibility and being responsible for his actions;
- the subjective side is the mental state of the person who committed the offense or unlawful act, his attitude towards his own actions and their consequences, the subjective side includes the motive, goals, and guilt of the offender.
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The subject of the offense is various kinds of material values and benefits. Any offense must contain all of the listed elements. Illegal behavior can manifest itself in different forms: direct violation of a legal regulation; improper performance of assigned duties; abuse of power, etc.
Signs of an offense:
- wrongfulness of the act;
- social harmfulness or social danger of the act;
- guilt of the subject of the offense.
Answer plan "Legal responsibility".
The purpose of our site is to help you prepare for the social studies exam.
The target audience of the site is students and their parents, graduates of past years, teachers, private tutors.
Plan for a detailed answer on the topic “Legal responsibility”.
1. Legal responsibility as a state reaction to a violation.
4. Types of punishments provided for by criminal liability:
b) imprisonment;
c) deprivation of the right to engage in certain activities;
d) restriction of freedom.
5. Types of penalties provided for by civil liability:
6. Types of punishments provided for by disciplinary liability:
7. Types of penalties provided for by administrative liability:
Social studies / Option 34 / Question 35
35. You have been instructed to prepare a detailed answer on the topic “Offenses and legal liability.” Make a plan according to which you will cover this topic. The plan must contain at least three points, of which two or more are detailed in subparagraphs.
One of the options for a plan for covering this topic:
1. Offense - causing harm to society.
2. Signs of an offense:
- culpable act;
- illegal act;
- socially dangerous action.
3. Types of offenses:
4. Application of state coercive measures in relation to the offender (legal liability).
5. Types of legal liability:
- criminal;
- disciplinary;
- administrative;
- civil.
6. Circumstances excluding legal liability and exempting from it.
A different number and (or) other correct wording of points and sub-points of the plan are possible. They can be presented in nominal, question or mixed forms.
The absence of 2/3 and 5 points of the plan in this or similar formulation will not allow us to reveal the content of this topic in essence.
Social studies lesson 9th grade topic “Crime”
-I think that all the teenagers who surrounded the girl are real criminals. Raise your hand, who agrees with me?
Extracts from the Constitution of the Russian Federation (Article 49) will help to give the correct answer to this question.
(Students find out the meaning of the term “presumption of innocence”, textbook p. 122)
PRESUMPTION OF INNOCENCE - a provision enshrined in law according to which the accused is considered innocent until his guilt is proven in the manner prescribed by law.
Slide.
Let's get acquainted with the signs of crimes (p. 118)
(find, read, everything is clear).
What are the signs of an offense?
Explanation:
The signs of a crime are social danger, illegality, guilt and punishability.
Slide.
Public danger
– this is significant harm or a threat of causing significant harm to objects of criminal law protection. Let us emphasize that we are not just talking about the harm of the act (this sign is typical for any offense, say, the theft of a loaf of bread), but about significant harm. Thus, illegal harvesting of aquatic animals and plants that causes major damage is considered a crime. Committing similar actions that did not cause major damage is an administrative offense. Public danger is the main feature of a crime, which makes it possible to distinguish it from other offenses.
Illegality
This means that only a socially dangerous act can be called a crime that is provided for in one or another article of the Criminal Code of the Russian Federation.
Guilt.
An act is recognized as a crime if it is committed guilty, that is, intentionally or through negligence. These forms of guilt already known to you have varieties: intent - direct and indirect and negligence - frivolity and negligence. An example of direct intent is revenge killing. The person is aware of the social danger of his action, foresees the possibility of harmful consequences and desires their occurrence.
With indirect intent, harmful consequences are not the main thing in the actions of the criminal. He does not want to, but allows them or treats them indifferently.
Then I consolidate the material I have covered in practice. I suggest that students resolve the following problem situation.
Problematic situation.
A 15-year-old motorcyclist, wanting to get through the intersection faster, ran a red traffic light. At the same time, he hit a child, who was left disabled as a result of the collision. Are the actions of a motorcyclist illegal?
We decide orally as a class. We reason: what is the motorcyclist’s fault, name the signs of a crime, and answer the main question of the problem. Children draw conclusions, then I explain the solution:
This is an example of a crime committed through negligence due to criminal frivolity. There are two offenses here: driving through a prohibited traffic light is an administrative offense and a crime. The teenager foresaw the possibility of harmful consequences, but at the same time arrogantly expected to avoid them.
Expert tested
I)What is an offence? II) Types of offenses: - misdemeanor - crime. III) Types of liability for offenses: - criminal,
-civil. IV) Consequences of offenses in modern society.
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Application of legal responsibility by the state
One of the postulates of the structure of any modern state is that the state has a monopoly on the legal use of violence.
Legal liability (which is also a form of violence) is no exception. Only the state, represented by legislative bodies, can establish rules regarding legal liability; only the state, represented by its law enforcement agencies (police, tax authorities, courts), can apply this responsibility[7].
In this regard, legal responsibility always implies certain guarantees for the person involved. The types of punishable acts, the types and amount of possible punishments can always be found in the relevant regulations (Civil Code, Tax Code, Code of Administrative Offenses of the Russian Federation, Criminal Code of the Russian Federation, etc.), bringing to legal liability is always carried out under the control of the state, and this process itself is regulated by procedural laws ( Code of Administrative Offenses of the Russian Federation, Criminal Procedure Code of the Russian Federation, etc.)[10].
Thus, theoretically, any person, before committing or not committing this or that action, can assess the legal risks simply by looking at the relevant law. It will still be difficult for an unprepared person to correctly understand what is written in the law, but nevertheless, periodic familiarization with the main provisions of at least basic knowledge for every citizen, and especially for the legal implementation of entrepreneurial activities of regulations (Civil Code of the Russian Federation, Tax Code of the Russian Federation, Labor Code of the Russian Federation, Code of Administrative Offenses of the Russian Federation) is definitely something that can be recommended to any Russian entrepreneur and citizen.
Detailed plan of offense and legal liability
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Using social science knowledge, draw up a complex plan that will allow you to essentially reveal the topic “Administrative Jurisdiction in the Russian Federation.” The plan must contain at least three points, of which two or more are detailed in sub-points.
One of the options for covering this topic.
1. The concept of administrative jurisdiction. Code of the Russian Federation on Administrative Offences.
2. Bodies considering cases of administrative offenses.
3. Subjects of administrative responsibility:
a) citizens over 16 years of age;
b) officials (heads of organizations);
c) legal entities.
4. The main participants in proceedings in cases of administrative offenses:
Types of offenses
There are two main types of offenses:
- Crimes. Socially dangerous, guilty, illegal acts directed against public relations under the jurisdiction of criminal law, causing harm to the interests of society, the individual and the state, protected by law. Depending on the degree and nature of social danger, all crimes are divided into such types of crimes as: minor gravity, moderate gravity, grave and especially grave. Crimes are directed against individual rights and freedoms, the foundations of the country’s constitutional system, public order, etc.
- Misconduct. Illegal acts that do not contain a crime. The main criterion for distinguishing between misdemeanors and crimes is the degree of public danger and the sanctions provided for this. All offenses, depending on the social sphere in which they are committed, the nature of the harm caused, and the characteristics of legal sanctions, are divided into disciplinary, administrative and civil law.
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An administrative offense (misdemeanor) is an act directed against human rights and freedoms, established governance, public or state order. May be guilty (careless or intentional). Administrative liability is provided for an administrative offense. Signs of an administrative offense: illegality of the act, public danger, guilt of the offender.
The composition of an administrative offense includes: object (social relations that arise in the implementation of constitutional freedoms and rights of citizens, established management procedures, property rights, public order, etc.); the objective side (action or inaction as a result of which an administrative tort arose); subject (legal entities and individuals); the subjective side (goals, motive, guilt of the offender, expressed in the form of negligence or intent).
What is an offence?
Offense refers to illegal behavior of a person.
Its signs:
- can be expressed in an action or inaction that a person committed or did not commit, breaking the law, did not fulfill his duties;
- this is always an act, that is, a person’s thoughts and feelings, whatever they may be, cannot be considered an offense;
- causes harm to society: moral, physical or property;
- guilt is an indispensable accompaniment of the offense, that is, these are the goals and intentions that the criminal pursued.
Slide 16
I believe that ignorance of the law is not an excuse for illegal action. The law is necessary in order to regulate the behavior of people in society, to be a regulator of social relations.
The teacher describes the following situation: a ninth-grader got into a fight in the hallway during recess, during which a large window was broken and one of the students injured his face with shards of glass.
History knows of cases of bringing to justice animals (pigs, mice, rats, dogs, etc.), which were tried to the fullest extent of the law. But that was a long time ago, in the Middle Ages. Now the understanding has come that only those who understand the meaning of punishment and learn a lesson from it can be punished. This is why an unlawful act committed by an insane person or a minor is not a crime.
Social and pedagogical support for secondary vocational education students when studying the disciplines “Law” and “Legal support of professional activities.”
All materials posted on the site were created by the authors of the site or posted by users of the site and are presented on the site for informational purposes only. Copyrights for materials belong to their legal authors. The formation of a legal culture in society is impossible without a generation with stable legal competencies. Unfortunately, nowadays young people do not fully possess such knowledge. .
By sending material to the site, the author, free of charge, without requiring royalties, transfers to the editors the rights to use the materials for commercial or non-commercial purposes, in particular, the right to reproduce, publicly display, translate and rework the work, making it available to the public - acc. with the Civil Code of the Russian Federation. (Article 1270, etc.).
Punishment is a measure of state coercion imposed by a court verdict. Punishment is applied to a person found guilty of committing a crime and consists of depriving or restricting the rights and freedoms of that person. Slide 12.
Teacher: So, the types of legal liability depend on the nature of the offenses. The most severe, harsh and strict type of liability is criminal liability. Slide 14 -17.
Civil Violations of property and personal non-property rights and contractual obligations Compensation for damage, payment of penalties.
Legal liability is excluded if the statute of limitations for prosecution of the perpetrator has expired. This period varies in different branches of law, it depends on the severity of the act committed. Finally, in cases of criminal prosecution, amnesty (State Duma) and pardon (President of the Russian Federation) are possible, in which the perpetrators are either completely released from punishment, or it will be significantly mitigated.
Since both crime and misdemeanor are types of offense, their main characteristics - illegality, guilt, punishability, antisocial orientation - coincide.
Offenses and types of legal liability Social studies lesson 9th grade. Municipal educational institution Secondary School 26, teacher Chernovalova N.A. G.
This presentation will be useful when teaching a social studies lesson in 9th grade. The material on the topic is clearly and clearly presented.
An offense is a behavior that can be an action or an omission. Offenses cannot be the thoughts and feelings of people, no matter how negative they may be.
During a conversation with students, it is concluded that the severity of punishment should depend on the severity of the offense, and the definition is formulated: “Legal responsibility is responsibility before the law, expressed in the form of punishment.”
Thoughts, feelings, and intentions cannot be offenses, since they do not fall under the regulating influence of law until they are expressed in a specific behavioral act.
Presentation of the 9th grade on the subject “History” on the topic: “Offences and legal responsibility Nomination: presentation for the lesson Age group “9-11th grade” Completed by: Nefedova Kristina, 9B grade Leader:.” Download for free and without registration.
The presumption of innocence is the principle according to which every accused person is considered (presumed) innocent until proven guilty in a court of law.
Offenses are committed only by people. This attribute also applies to organizations, since illegal acts on their behalf are committed by people working in them. History knows of cases of bringing to justice animals (pigs, mice, rats, dogs, etc.), which were tried to the fullest extent of the law . But that was a long time ago, in the Middle Ages.
Citizen R., who was driving his car while drunk, caused an accident in which people were injured.
Guilt is the conscious-volitional nature of an unlawful act. those. the individual is aware that he is acting illegally, guilty.
Conditions for legal liability in practice
As stated earlier, the occurrence of any harmful consequences is not always required for the occurrence of an offense. In fact, a huge number of offenses in modern Russian legislation are formulated in such a way that the act (action) itself is punishable, regardless of the consequences (offences with a formal structure). In those cases where the rule establishing liability contains a mention of the consequences (an offense with a material structure), the absence of such consequences means the absence of the fact of the offense and, as a consequence, the absence of responsibility.
Regarding the act as a component, the following should also be noted.
1) For liability to occur, the act must be conscious and volitional.
The content of this remark in relation to an ordinary citizen is completely clear: it would be unreasonable and unfair to punish a person for behavior that he is unable to control.
Legal entities, by default, are considered to have will and consciousness; simply the will and consciousness here are determined by its governing bodies (director, board of directors) and are implemented by the actions of its representatives (directors, employees, representatives by proxy).
2) Responsibility can arise both for actions and for inaction.
The state regulates people's behavior in three main ways: by describing what actions can be performed (by providing a right), by describing what actions must be performed (by establishing a positive duty), by describing what actions cannot be performed (by establishing a negative duty).
3) Not all misconduct necessarily entails legal liability[10].
Thus, we can come to the conclusion that modern Russian law has a complex structure. Norms that establish rules of conduct (regulatory) and establish responsibility for violating these rules of conduct (law enforcement) are often separated from each other, and sometimes even located in different regulations. For this reason, it is often very difficult to trace a clear connection between them.
