Никонов
Р.С.
Уфимский
юридический институт МВД РФ, Россия
Offence and Crime.
This title, difference between crime and
offence, may appear wrong or at least paradoxical to some of the readers. This
is because of the fact that most people believe crime and offence to have the
same meaning to be used interchangeably. Of course, there are great
similarities between the two concepts, but despite the overlapping there are
subtle differences that will be highlighted in this article.
Crime.
Every society has a system of written rules and
regulations to deal with people who deviate from normal, accepted behavior.
People who violate these rules are treated as criminals and punished according
to the laws of the land. Any act or behavior that harms others and society in
general is a crime and is dealt with accordingly.
Crime differs from social norms in the sense
that there is no legal standing of norms and a person violating them cannot be
punished by law. It is only when, he has committed a crime that violates a
written law that a person can be arrested and interrogated by law enforcing
authorities and later tried in a court of law. The court may give its verdict
of prison sentence with a financial penalty for the culprit if the accused is
proved guilty.
In ordinary language, a crime is an unlawful act punishable by a state or other authority. The term "crime" does not,
in modern criminal law, have any
simple and universally accepted definition, though statutory definitions have been provided for
certain purposes. The most popular view is that crime is a category created by law; in other words, something is a
crime if declared as such by the relevant and applicable law. One proposed
definition is that a crime or offence (or criminal
offence) is an act harmful not only to some individual or individuals but also
to a community, society or the state ("a public wrong"). Such acts are forbidden
and punishable by law.
The notion that acts such as murder, rape and theft are to be prohibited exists worldwide. What precisely is a criminal offence
is defined by criminal law of each country. While many have a catalogue
of crimes called the criminal
code, in some common law countries no such comprehensive
statute exists.
The state (government) has the power to
severely restrict one's liberty for committing a crime. In modern societies, there are procedures to which investigations and trials must adhere. If found guilty, an offender may be sentenced to a form of reparation such as a community sentence, or, depending on
the nature of their offence, to undergo imprisonment, life imprisonment or, in some jurisdictions, execution.
Usually, to be classified as a crime, the
"act of doing something criminal" (actus reus) must – with certain exceptions – be
accompanied by the "intention to do something criminal" (mens rea).
While every crime violates the law, not every
violation of the law counts as a crime. Breaches of private law (torts and breaches
of contract) are not automatically punished by the state, but can be enforced
through civil procedure.
When informal relationships and sanctions prove
insufficient to establish and maintain a desired social order, a government or a state may impose more formalized or stricter
systems of social control. With
institutional and legal machinery at their disposal, agents of the State can compel populations to conform to codes and can opt to
punish or attempt to reform those who do not conform.
Authorities employ various mechanisms to
regulate (encouraging or discouraging) certain behaviors in general. Governing
or administering agencies may for example codify rules into laws, police
citizens and visitors to ensure that they comply with those laws, and implement
other policies and practices that legislators or administrators have prescribed
with the aim of discouraging or preventing
crime. In addition, authorities provide remedies and sanctions,
and collectively these constitute a criminal
justice system. Legal sanctions
vary widely in their severity; they may include (for example) incarceration of
temporary character aimed at reforming the convict. Some jurisdictions have
penal codes written to inflict permanent harsh punishments: legal mutilation, capital punishment or life
without parole.
Usually a natural
person perpetrates a crime, but legal persons may also commit crimes. Conversely, at
least under U.S. law, nonpersons such as animals cannot commit crimes.
The sociologist Richard Quinney has written about the relationship
between society and crime. When Quinney states "crime is a social
phenomenon" he envisages both how individuals conceive crime and how
populations perceive it, based on societal norms.
Offence.
If one looks up a dictionary, offence is
defined as an act that violates civil or criminal law. This violation is of
such a nature that it brings harm to the society and makes the culprit liable
to serve a sentence in prison with a possible financial penalty. Different
countries of the world have different judicial systems in place, and the
definitions of the word offence differ accordingly. The thing to remember is
that an offence is punishable by law only if is cognizable. This means that the
offence must violate some penal laws to be tried in a court of law. Unless the
act or behavior finds no mention in law, it is not an offence. Violation of a
criminal law is, therefore, an offence and it is offence that finds mention in
law books as a definition,notcrime.
The two elements of a
criminal offencе.
For a criminal offence to occur there must be
two main elements - the prohibited conduct and the mental element of a guilty
mind or intention. Unless an offence falls into the unusual category of a strict liability offence, the prosecution must, in order to prove that a
person has committed an offence, show that both these elements were present.
For example, if a person intentionally and
without lawful excuse (such as self defence) strikes another without that
person's consent, an assault has been committed. The
prohibited conduct is the striking and the mental element, or guilty mind, is
the intention to strike/hurt/injure.
On the other hand, if a person accidentally
strikes another, no criminal offence occurs because the mental element, or
guilty mind, is absent. However, sometimes a person may commit an offence by
acting recklessly, that is, without a specific intent but disregarding or not
caring about the consequences of their actions.
What is the difference
between Crime and Offence?
• Law makes no difference in the words crime
and offence and, in fact, terms violation of penal laws as the definition of
offence
• An act or behavior that does not break a law
is not an offence
• The word offense comes from offender who is a
person violating a law
• There are some offences that are not
cognizable or punishable by law
• However, a crime is always a violation of law
Sources:
1. http://www.differencebetween.com/difference-between-crime-and-vs-offence/
2. http://www.grandars.ru/college/pravovedenie/pravonarusheniya.html
3. http://thedifference.ru/otlichie-prestupleniya-ot-pravonarusheniya/
4. http://www.lawhandbook.sa.gov.au/ch12s03.php