• Tuesday May 24,2022

Crime

We explain what a crime is, its various elements and the types that exist. In addition, the measures of prevention and apology of the crime.

A crime is an action contrary to the laws and, therefore, merits punishment.
  1. What is a crime?

When we talk about a crime or a crime, we refer to a social behavior that violates the codes of coexistence and legality established in the Law, and that is therefore considered a guilty act, imputable, typical and unlawful, that is to say, an action omission contrary to the laws by which we choose to be governed and that therefore merits a punishment or compensation.

The term `` crime '' comes from the Latin word `` delinquere, translatable '' like `` abandoning the road '', since a crime of something that departs from the path contemplated by the Law for coexistence peaceful among the citizens who embrace it. To that extent, what is it and what is not a crime is established in the appropriate codes of the legal system of each nation.

Therefore, what is considered or not `` crime '' changes over time and reflects the legal, cultural and historical values ​​of a given society . In that sense, most criminal codes refrain from incorporating dogmatic definitions of crime, but delimit it based on what is allowed and what is not.

The crimes are a matter of study of the Theory of Crime, a branch of Criminal Law that proposes a hierarchy for the conception of punishable behaviors, according to which recidivism It constitutes a more serious crime than the first offense, for example, or that flagrancy facilitates the execution of the punishment as there is no room for interpretation of what happened.

It can serve you: Impunity.

  1. Elements of a crime

The degree of guilt is the express desire to commit crime or not.

The elements of the crime are the components and the characteristics that constitute it, not independently. They are classified in:

  • Action or inaction . An act committed or stopped committing, which causes harm to others.
  • Typicity Depending on whether the crime is contemplated or not in the penal code.
  • Juridicity Depending on whether or not there are mitigating considerations that should be taken into account.
  • Degree of guilt Express desire to commit the crime or not.
  • Imputability Ability of the offender to be subjected to justice.
  • Punishability Possibility of real execution of a penalty or sanction.
  1. Types of crime

According to the offender, the crime may be special or common.

There are numerous classifications for the crime, some of which are:

According to their forms of guilt:

  • Malicious crime . The perpetrator committed it with awareness of what he was doing, that is, it was not an accidental act, but a premeditated act.
  • Guilty or reckless crime . The offender did not want to commit the crime, but nevertheless he did it because of his recklessness, his complicity or other mitigating conditions.
  • Pre-intentional crime Whoever committed the crime aspired to a smaller event than what happened, for example, in a fight he decides to hit his opponent and unwittingly kills him.

According to the action committed:

  • Commission crime . It occurs when the offender has committed the crime by his own hand, that is, he is responsible for the action.
  • Crime by default . It occurs when the crime is the result of an inaction of the offender, that is, of something he did not do or allowed to occur. It can be of two types, in turn:
  • By own omission . Any crime resulting from omitting the rule to which is bound by the criminal code.
  • By improper omission . Any offense resulting from an omission not contemplated in the penal code.

According to the offender:

  • Special crime It could have been committed only by someone in a privileged, particular or important position.
  • Common crime . Any ordinary citizen could have committed it.

According to the damage they cause:

  • Crime of injury When there is appreciable damage to the person or their legal assets.
  • Crime of danger . When a possible damage to a person or legal entity was exposed, even if the damage was not suffered.
  • Crime of result . It requires that a behavior be carried out and have results.
  1. Crime prevention

There is talk of crime prevention to refer to the measures that can be taken, from the State or the citizenry itself, to avoid being victims of crime or reduce the probability of being involved in one. Some of these measures may be:

  • Educate the population about the daily forms of self-defense and prevention of urban crime.
  • Maintain urban surveillance as a deterrent to crime.
  • Promote education in young people and adolescents and foster work culture.
  • Avoid areas of the city considered dangerous and maintain constant police surveillance.
  1. Apology of the crime

While society as a whole generally condemns the crime, it may happen that some factors aspire to justify the crime based on arguments and speech strategies, which have as a consequence the promotion of crime in the population. When this occurs in a public place or in a public discourse, in fact, most legal regulations consider it a punishable offense: promoting crime is a criminal act in itself. .

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