The guilt of persons in unlawful acts, which resulted in damage to honor, dignity, copyright, business reputation or property of citizens - all these elements include the composition of the civil offense. Such misconduct in jurisprudence is called a tort, and violators are legally liable if there is a totality in legislative conditions.
Conclusions of scientists
The jurisprudence has interesting information: legal standards are not defined in acts and regulations on the composition of a civil offense. This type of legal basis for responsibility includes only an interpretation in the form of a scientific and theoretical abstraction. Some authors of the works believe that there is enough justification, and the person will be responsible for the misconduct if there is an offense determined by its signs. Others need a legal fact with common typical conditions; they can be in different combinations.
According to the following statements, the composition of the civil offense includes a whole classifier from a tort structural in content. It is on this basis that the qualification of the crime is determined, adequately blame for the harm caused. There is an opinion among lawyers that a person will be guilty if his offenses contain objective and subjective signs necessary and sufficient to recognize misconduct as an unlawful act.
What are the contradictions?
Various formulations in theory do not prevent all lawyers from practicing in considering that the composition of a civil offense includes:
- abuse of citizens' rights;
- malicious enrichment of one person at the expense of another;
- invalid transactions;
- breach of contractual obligations.
Offenders are liable, if there are grounds for this:
- the victim suffered material or moral harm;
- actions have illegal content;
- the existence of a causal link between the misconduct caused by the damage is proved;
- the guilt of the subject.
The Civil Code of the Russian Federation approved by article 87 in paragraph 1, paragraph 6: to bear responsibility for the harm caused is the obligation of citizens, which is a legal fact.
Consent and controversy in legal theory
Jurisprudence is a complex science; a person’s fate may suffer from different interpretations of one law. There are different attitudes towards legal facts. From here such concepts arose as conditions for the onset of punishments, and the composition of a civil offense includes an object with subjective and objective parties when it is committed.
In this case, the guilt is not highlighted as an independent element. Another point of view indicates that the basis and necessary sign of responsibility is the presence of an unlawful act. Other proven points are often optional.
The concept of truncated composition
Civil law has a developed system, which includes a general tort scheme. Where the composition of the civil offense includes elements and conditions:
- the presence of property or moral harm;
- unlawful acts;
- behavioral connection with the result;
- misconduct of the person who harmed.
The truncated corpus delicti is an act of direct legislative allegations with the automatic onset of tort liability. In this case, not all details of the crime are allowed. The one who caused the damage to the victim may not have direct fault and the illegal acts themselves. But he is the source of the offense, the cause of it. It is his responsibility to recover damages if the perpetrator fails to provide justifiable arguments that the damage was caused by force majeure and there was no direct intent.
One of the elements of a civil offense may be:
- transport;
- electric current and voltage;
- poisons and chemicals;
- ammunition with ammunition;
- explosive substances;
- production.
If there are several perpetrators, they will have to pay together for harm.
Case Studies
Life situations give many examples that belong to the truncated corpus delicti. One of them is an accident on the road due to a collision of cars. Drivers harmed the health of pedestrians without any intention, for which responsibility should be followed after a thorough investigation.
Or persons become debtors, as they have vouched at the bank for borrowers who have not fulfilled their obligations. The guarantors are innocent, they did not take and did not use the money, but they will have to pay.
Characteristics of criminal details
What is the composition of the civil offense and its severity indicate the elements present in it.
An object is an object on which the criminal had the appearance and harmed him. Its common feature is a violated legal order. When it is directed against the country and its inhabitants or the political system and social relations.
There are special objects as a phenomenon in the implementation of:
- attempts on the benefit of specific people;
- damage to health;
- material values;
- public safety.
The subjects of offenses are competent citizens.
Representation of the objectivity of the parties
Under the composition of a civil offense should be understood its objective side, which is a combination of features. All of them answer the questions:
- what happened;
- when it happened;
- how did the action happen.
Each item contains features, details or elements.
Characteristic features
The criminal act consists of various small details and major thoughts. A person can plan his plan and transgress the line of law with actions. They can’t condemn a citizen for thoughts, even for the most sophisticated dreams. Only actions are essential for the law, this is the area faced by legal acts, and is one of the signs of committed criminal acts.
For actions to be considered unlawful, they must be committed in violation of legislative acts. When this is not there, even dangerous measures cannot be considered an offense and no punishment will follow. The surgeon works with a scalpel during a complex operation. A dangerous tool along with actions, but they did not violate any norms in the law.
As part of a civil offense should be present its result with unseemly consequences. In the Civil Code of the Russian Federation, article 14 confirms that it does not belong to a crime: an insignificant act that does not pose a danger to society.
Legal vocabulary often refers to a definition of causation. Such a sign must be present, then responsibility will come with jurisdiction. Indirect communication is not enough to qualify a crime.
Suppose a doctor has prescribed treatment in a hospital; sepsis has been detected in a patient due to the negligence of a nurse. She is guilty of blood poisoning, and not a doctor, she has to answer. There is a direct connection between all actions, but the therapist did only what examined the person, they were assigned a fateful injection. Communication in this case is considered indirect.
The subjective side of the offenses is also considered:
- target;
- motive;
- installation.
These factors guide a person when he plans and implements a criminal plan. These signs characterize the criminal, his antisocial attitude, what danger he can bring to others. This can be expressed in preliminary conspiracy, emotional unrest. Connected in a single chain details reveal the blame. In turn, guilt can be intentional and reckless, as well as intentions direct or indirect. In judicial practice, new features of the elements appeared when a person does not explain his misconduct, because he himself does not understand why he acted in this way. They are called by lawyers silent crimes.