LawCriminal law

Types of liability in criminal law. The main purpose of criminal punishment

Any responsibility is an obligation to commit any actions aimed at fulfilling its obligations under the law. Failure to fulfill their duties to the state, society as a whole, to close people and, as a consequence , to violate the rights and norms of behavior in society, causes measures to impose certain responsibilities on such people. According to the types of non-fulfillment of obligations, the types of liability are subdivided into civil (civil-law), administrative and criminal.

Civil liability appears in the event of failure by the individual citizens of the country to fulfill their duties and obligations undertaken by the established rules of public conduct and norms of civil legislation. In addition to these species there are also moral responsibilities, material and disciplinary.

In the event of administrative offenses in any area of business, administrative responsibility arises .

Criminal responsibility is a punishment that comes in virtue of the actions performed, which infringe upon the rights and freedoms of citizens aimed at destroying the political system and the economic foundations 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, you can see that the criminal is more harsh, because sooner or later you have to answer for all illegal actions that represent a public danger and have signs of a criminal offense. This kind of responsibility and punishment for it is possible only if there is a corpus delicti.

In many ways, the types of liability used to punish a criminal offense depend on the subjective component. The fault of a person who has transgressed the law may be in the form of intent or through negligence. A crime shall be recognized as intentional if in the course of the investigation it is established that the person who committed it was clearly aware of the outgoing danger from its action or from inaction, wished for its offensive and foresaw all the dangerous consequences afterwards. A crime is recognized as being 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 social consequences will come.

The types of liability, the degree of criminal punishment 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 for a criminal offense is to correct the guilty person and prevent 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.

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