Notion, attributes, composition, types of offence.

Illegitimate (wrong) conduct is the conduct (behavior), when a person breaks the law.

Offence is publicly dangerous, guilty, wrong act of subject, who has legal capability, such conduct breaks the legal ruls.

Offence has such attributes:

• this is a publicly-dangerous or harmful act;

• this is illegitimate act (action or inactivity), which conflicts with the rule of law;

• this is guilty act, which foresees misdemeanour (guilt) of person, who have done offence;

• this is a legally punishable act, which foresees legal responsibility for concrete violation of legal rule;

• causal connection between offence and consequences. It is impossible to accuse the person in concrete offence, if there is no such connection.

Offence has a composition of offence, which includes such elements:

• object of offence;

• objective side of offence;

• subject of offence;

• subjective side of offence.

Objects of offence are public relations, social values, which are guarded by the legal rules, offence encroaches on such relations and social values. For example, property, life and health of person, state security etc.

Objective side of offence is exteriority of offence. It is consists of illegitimate acts (action or inactivity), dangerous effects for society and causal connection between actions and consequences. A place, time, method, instruments, circumstances of offence are the elements of objective side of offence.

Action is active behavior of person, who realizes the acts and can control these acts.

Inactivity is passive behavior of person, when person doesn’t execute of those actions, which she/he must and could execute.

Ideas, persuasions are not offence, because they are not an act.

Subject of offence is natural or legal person, who has full legal capability, can be a subject of legal responsibility.

Subjective side of offence is internal psychical attitude of subject to the illegitimate act and consequences. The subjective side of offence is characterized by misdemeanour, aim and reasons of offence.

Misdemeanour (gilt) is psychical attitude of person to the publicly dangerous action, which she/he committed, and publicly dangerous effects.

Misdemeanour can be in two forms: intention (direct, indirect) or carelessness (criminal self-confidence, criminal negligence).

Aim is the idea of person about a desirable result, to which she/he aspires, when she/he does offence.

Motive (reason) is a reason of offence.

Accoding to the degree of public danger and harmfulness offence can be misconducts and crimes.

Misconducts are publicly harmful offences, which do not present a large public danger. They are divided into:

• disciplinary;

• civil;

• administrative.

Crime is publicly dangerous, guilty, illegitimate action of subject, who has full legal capability, which contradicts the legal rules, and criminal juridical responsibility comes for such actions.