A crime is understood to be a human behavior that has been originated either by negligence or by own will, resulting in an action contrary to what is established by law. Breaking the laws leads to being subjected to a conviction or punishment, either for actions of a judicial or civil sense. This is made up of a series of elements such as: action or inaction, a degree of guilt, typicality, punishments and imputability.
What is a crime
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This is conduct that, either through recklessness or of one's own free will, ends up being the opposite of what is stipulated by law. Therefore, it means that it is a violation of the laws in force, which generates the application of a punishment or a penalty.
Beyond the laws, the definition of a crime is all those acts that are abominable from an ethical or moral perspective.
It is important to note that what is or is not believed to be a criminal act has changed over time and shows the cultural, historical and legal values of a given society. In this sense, most of the criminal codes are inhibited from adding sharp definitions of the crime, but are specified from what is authorized or not.
Criminal acts are a subject of study of the theory of crime, which is a branch of criminal law, which raises a hierarchy for the judgment of punishable behaviors and depending on the repetition of the fact, it will be established if it is a more criminal act serious than the first offense.
The apology for crime, on the other hand, refers to the fact of defending illegal actions through speech, thus promoting all kinds of illegal behavior. It is the public justification of an act that was declared criminal.
At present, governments often implement a series of laws to prevent crime and maintain criminal justice. One of the most effective ways of prevention is promoting activities in communities such as sports or art, in addition to early stimulation of children, strengthening nutrition and promoting family environments in a dynamic and non-conflictive way.
What is the theory of crime
The theory of crime investigates legal and factual hypostases, which must be found to determine the presence of a crime, that is, it allows determining when an action is considered a crime.
The theory is based on a hypothetical point of view that allows them to fully develop in the practical area, by accurately defining whether or not there are constituent elements of the criminal type in human behaviors developed in society.
The specialist Raúl Zaffaroni indicates in one of his books that "the theory contemplates the fulfillment of a practical work, constituted in the facilitation of the investigation of the presence or not of the crime in each one of the cases"
This is the reason why “theory is the fundamental part of criminal law. Getting into it, getting to know it, makes up the most suitable system for dealing with the crime, an essential part of the judicial world ”.
Historically, two main perspectives can be referred to when delving into this concept:
- The capitalist theory of crime: in the causal statement of wrongdoing, the act is a movement, physical, voluntary or mechanical, that causes a premeditated result by criminal law without it being essential to take into account the intention that accompanies said act. This theory mainly addresses the elements described to the devaluation of the result, that is, to the damage or risk of a legal heritage.
- The finalist theory of crime: it establishes that any human behavior is produced by a will whose external reflection cannot be ignored when evaluating the criminal action. This approach has greater emphasis on the devaluation of the fact, that is, on the recrimination of the offender's conduct, be it culpable or intentional.
What are the elements of the crime
The elements of the crime are the characteristics and components that make it up, not independently. These elements are classified as:
Subject
Individual or person who commits the criminal act. The subject is classified as: active (physical individual who commits a criminal offense), passive (who suffers the offense).
Action or inaction
An act perpetrated or ceased to be carried out, which causes harm to others.
Typicity
In this case it depends on whether the offense is judged or not, in the penal code.
Unlawfulness
Even when the behavior is typical or not, it must be sanctioned by the law in order to be taken as a crime.
Degree of guilt
This is the element that decides whether the subject is responsible or not for an illegal action.
Imputability
It encompasses a set of conditions of a mental and physical nature that make a subject reportable for a crime. If these conditions are not met, the individual could in no way be judged
Punishment
It means the probability of granting a conviction, based on this, not any crime can be attributed a penalty.
Types of crime
In the criminal codes of each country there is legislation that defines and contextualizes, according to the prevailing culture, various forms of crime and from there, penalties and sentences are established that serve to found the judicial system of a specific country or region, they are described below below the best known:
Crime of Theft
In common use, this is the taking of property or services belonging to another person without their permission or consent with the intention of depriving the rightful owner of it. The word is also used as an informal shortened term for some property crimes, such as robbery, embezzlement, looting, shoplifting, library robbery, and fraud (i.e. obtaining money under false pretenses).
In some jurisdictions, the crime of theft is considered synonymous with robbery; in others, theft has come to replace robbery. Someone who carries out an act or does an act of theft is known as a thief.
It should be added that the theft action is classified according to the offense, for example: aggravated theft, theft of loaned things, among others.
Civil crimes
These are all those illicit acts carried out by man, involving his civil liability. In a strict sense it is the fact that derives from a premeditated action and that implies your civil responsibility, for an impediment to a wrongful act or a negligent one, that derives from an unintentional fault. Civil criminal acts are protected by the Civil Code, which regulates relationships between individuals, that is, it commands private matters, and is predestined to financially compensate the damage caused to the victim.
The facts that are considered as a civil offense and civil negligence could also be a criminal offense if they are reflected and sanctioned by criminal law. A criminal offense is not, at the same time, a civil offense, if it has not caused harm; nor will it be a civil criminal act, at the same time a criminal offense, if the illicit behavior is not criminally represented.
Crimes Against Life
Crimes Against Life, also known as crimes against humanity, are certain acts that are deliberately committed as part of a widespread or systematic attack, or an individual attack directed against any civilian, or an identifiable part of a civilian population.
The first indictment for crimes against humanity took place at the Nuremberg trials. Since then, these crimes have been prosecuted by other international courts, such as the International Court of Justice and the International Criminal Tribunal for the former Yugoslavia and the International Criminal Court, as well as in domestic prosecutions. The law of crimes against humanity or crimes against life, developed mainly through the evolution of customary international law.
Crimes Against Persons
Criminal acts against people are those crimes committed against the physical integrity of people, which cause death or injury, in its various aggravated types, such as crimes of homicide or serious injuries. In UK criminal law, the term 'offense against the person' generally refers to an offense that is committed by direct physical harm or by force applied to another person.
They are generally broken down by division into the following categories: Fatal Offenses, Sex Offenses, Non-Fatal Non-Sex Offenses.
Criminal offenses
They are criminal, when they cause damage to the victim, and these are subject to pecuniary reparation, they can give rise to criminal action and also punish the offender, and to civil action so that the victim, debtor of the obligation, is satisfied in his claim for damages suffered.
The criminal act is also an illicit, fraudulent or guilty conduct, but it must be classified (appropriate to the criminal types) listed by criminal law to be subject to one of the criminal sanctions (fine, imprisonment, imprisonment and in some countries, the penalty death).
Criminal behaviors can occur by action, as in murder or robbery, or by omission, as in the case of abandonment of person.
Cyber crimes
These are also called electronic or generic crimes, this crime attacks with illegal operations carried out through the internet or that contains the purpose of damaging and destroying computers, internet networks or electronic media. However, the characteristics that define this type of infraction are even greater and complex and could include traditional crimes such as theft, fraud, forgery, blackmail and embezzlement of public funds in which networks and computers are used. With the development of the Internet and programming, cybercrime has become more sophisticated and frequent.
There are criminal acts that are carried out through electrical structures that are connected to a large number of criminal tools that seek to violate and harm everything in the computer area: illegal interception of networks, illegal access to systems, damage to information (breakdowns, deletion, cancellation or alteration of credit data) interruptions, attacks on systems, use of artifacts, violation of copyright, Internet pedophilia, child pornography, these being some of the cyber crimes.
"> Loading…Electoral crimes
Electoral crimes are those activities or omissions that harm or endanger the proper development of the electoral function and attack the characteristics of the vote that must be free, general, personal, direct, secret and non-transferable. Anyone can commit electoral crimes: partisan officials, electoral officials, candidates, public servants, candidates, minister of religious worship and campaign organizers.
Electoral crimes can happen in different ways:
1. Electronic fraud: through corruption in the computer systems that count the votes.
2. Media fraud: it is not linked exactly with the alteration of ballot boxes, but during the electoral campaign, for example the destabilization of the candidates' publications in the media, discrediting a candidate and the favoring of a candidate (usually the party ruler).
3. Fraud at the polls: it happens when in some way a candidate gives false votes, but supported by a ballot.
Tax crimes
Tax crimes are those crimes that are committed by action or omission, where the public finances are deceived, by evading the cancellation of taxes or tributes, obtaining tax benefits illegally.
Failure to comply with tax tasks usually builds an administrative fraud, penalized by the tax administration through a fine that can be appealed in different laws, including jurisdictional. But with this way of penalizing tax crimes, legal regulations with a certain degree of development and for a better protection of public finances, consider the most serious tax violations illegal and not simple administrative infractions, and it is the obligation of the criminal courts publicize these
sentences and proceedings.
There is no significant difference between tax offenses and tax offenses, they are basically distinguished by quantitative reasons, by level of severity or by the assessment of the result.
Sexual offenses
This term is a very managed but inaccurate expression, used to refer to a series of crimes that disturb sexual freedom, the development of sexuality and the sexual dignity of people. Many countries think that these criminal acts violate modesty, honesty, family and good customs, although there is a belief to disassociate sexual crimes from these values.
Sexual criminal acts are mostly carried out by men, in outrage against women, boys and girls, and are part of the main motive to fight against gender violence and sexual violence, human trafficking, child abuse, discrimination for sexual orientation and domestic violence.
Rape is considered a serious crime, because it involves penetration without consent, or with consent, in the case of minors.
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