Types of liability in criminal law. The main purpose of criminal punishment
Any responsibility is a duty to commitsome actions aimed at fulfilling their obligations under the law. Failure to fulfill their duties to the state, the society as a whole, to close people and, as a consequence, the violation of the rights, norms of behavior in society, and causes the application of such measures to certain people that establish certain responsibilities. According to the types of default, the types of liability are divided into civil (civil), administrative and criminal.
Civil liability appears in theIn case of failure to fulfill one's duties and obligations of individual citizens of the country, established rules of public conduct and norms of civil legislation. In addition to these types, there are also moral responsibilities, material and disciplinary.
In the event of administrative offenses in any area of business, administrative responsibility arises.
Criminal liability is a punishment,which comes in virtue of the actions performed, encroaching on the rights and freedoms of citizens, aimed at destroying the political system and the economic basis of public administration. A criminal offense is an act or omission that is based on a dangerous unlawful act that represents a public danger.
Comparing the types of responsibility,that the criminal is more severe, as soon as it is necessary to answer for all illegal actions representing a public danger and possessing signs of a criminal offense. This kind of responsibility and punishment for it is possible only if there is a corpus delicti.
In many respects, the types of liabilitypunishment for a criminal offense, depend on the subjective component. The guilt of a person who transgresses the law may be in the form of intent or through negligence. A crime is considered intentional if in the course of the investigation it is established that the person who committed it was clearly aware of the proceeding danger from its action or from inaction, wished for its offensive and foresaw all the dangerous consequences afterwards. The crime is recognized to have been committed by negligence in the event that the person who performed it foresaw the dangerous consequences of its illegal actions, but did not act at the same time, thoughtlessly hoping to prevent them later, or hoping that no serious public consequences will come.
Types of liability, degree of criminalpunishment and the measures applied to the perpetrator depend on the circumstances and differ in each case. The Criminal Code provides for types of criminal liability, considering all the circumstances (aggravating and mitigating) cases, as well as different circumstances that exclude the occurrence of criminal liability. This is a necessary self-defense and an extreme degree of necessity. The first is recognized by the court as lawful in relation to the criminal, if only the crime is connected with violence threatening the life of another person, and the necessary limits are not exceeded. In the second case, the extreme necessity includes action to eliminate the threat to the state, society as a whole. When the harm done is significantly less in comparison with the prevented public danger in the suppression of unlawful acts.
The main purpose of punishment in the criminalThe crime is the correction of the guilty person and the prevention of new offenses in this area. Punishment can be made in the form of public works, or the prohibition to occupy certain positions for some time, and also this may be corrective work or imprisonment.
