The words "crime" and "offense" are heard quite often. Moreover, even a person using these terms in speech cannot always clearly formulate what they mean. This is especially true for offenses. Meanwhile, in the legal literature, this definition is disclosed in sufficient detail.
An offense in the literature is rightfully called a socially harmful act, for which a capable subject must bear legal responsibility. Both a person and an organization can act as a subject. In this case, responsibility can only be borne by those who, in the manner prescribed by law, are recognized as capable. Can any action that is dangerous to society as a whole or individual citizens be considered an offense? No. It is so only in cases where it meets certain conditions. First of all, the action must be harmful or dangerous to society. The second distinguishing feature of an offense, as the very name of this phenomenon implies, is that it contradicts legal norms. One of the main hallmarks of an offense is guilt. The act itself is punished, that is, the act is recognized as a crime or an administrative violation in the manner prescribed by law, for which certain sanctions are imposed. The types of punishment are strictly regulated. If the offense is recognized as a crime, the punishment is determined by the Criminal Code, which clearly indicates for which illegal actions certain types of punishments are provided. If the offense is recognized as an administrative offense, the penalties or adverse consequences for it are determined by the Code of Administrative Offenses. One of the most important components of an offense is legal responsibility for it. If there is no such responsibility, there is no question of an offense. There have been and are such moments in history: for example, when some legal norms are no longer valid, while others have not yet been developed, as is the case in times of wars or revolutions. An offense is a committed act or omission. In order for legal liability to arise, the act of conduct must be committed. Thoughts and intentions cannot be subject to legal responsibility. In this case, inaction is understood as the passivity of a person or organization, which led to the violation of someone's rights. An example is non-payment of wages to employees, failure to provide assistance to a person in a dangerous situation, etc. When can a person be found guilty of an offense? If he is able to realize his actions and their consequences. If a person is not aware of his actions, he cannot be found guilty. A young child or a mentally ill person cannot be recognized as offenders because they are not aware of their actions, and therefore cannot be held responsible for them. Legal practice also knows many cases of reflex actions that the subject was unable to either realize or prevent. These actions looked like offenses, but legally could not be recognized as such.
