What is crime

What is crime

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What is crime

 What is crime:

    This socially dangerous act (action or inaction), which was committed culpably and was declared punishable by law. -  Art 9, 1 of the Penal Code


    A crime within the meaning of criminal law is obligatory when an act has been committed culpably or the present act has not been committed in a way that endangers the life and health of citizens or other public relations or has caused them harm. In order for an act to be qualified, the crime must be included in the Criminal Code as a text. That is, all crimes contain cumulatively / simultaneously / the following characteristics:

    From an objective point of view - a socially dangerous act;

  • On the subjective side - committed culpably;
  • Which implements all the signs provided by law.

    The lack of some of the above characteristics leads to the absence of crime!

    The crime can be committed by:

  • action;
  • inaction / commission crime /;
  • action or inaction.

    It is important to note that by declaring the infliction of a certain socially dangerous result punishable, it prohibits not only actions but also inactions that lead to such a result and differentiate any of the crimes / for example: homelessness under Article 219 of the Penal Code /.

    In order for an act to be qualified as a crime, it must be in an objective connection with the criminal result. That is, when the law requires the existence of a specific result of the crime in order to qualify it as such, it is necessary to prove the actions taken by the perpetrator to cause them. This causal relationship can be manifested through various processes:

  • mechanical;
  • physically;
  • chemical;
  • biological;
  • psychological, etc.

    For each proven crime the law that was in force at the time of its commission is applied, and if different laws follow until the entry into force of the sentence, the law that is most favorable for the criminal is applied!




What is crime
What is crime
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