CONSTITUENT ELEMENTS of an offense 🔤 скачать в хорошем качестве

CONSTITUENT ELEMENTS of an offense 🔤

Offenses must consist of at least three elements: a legal, moral and material element. The principle of legality of offenses and penalties is the basis of the legal element of the offense. For an offense to exist, it is imperative that it be provided for by a legal standard as provided for in Article 111-3 of the Penal Code. The material element designates the act to be carried out for the offense to be completed. The incriminated acts can be distinguished according to several criteria. Offense of commission / offense of omission The offense of commission presupposes a positive act. This is the case, for example, of murder. Conversely, offenses of omission are consummated by the non-completion of an act. For example, failure to assist a person in danger. Instantaneous offense / continuous offense Instantaneous offenses are consummated "in a flash of time", immediately. Thus theft which is carried out at the very moment when the thing is stolen. First of all, there are permanent offences that occur instantly but whose effects persist. For example, bigamy: the offence is consummated at the time of the second marriage, but its effects last as long as the marriages coexist. There are also continuing offences: a succession of instantaneous offences. Think of water theft: the offence occurs at the time of connection to the network but is repeated each time the perpetrator uses the water. Conversely, continuing offences are those in which the illicit act continues over time with a constant reiteration of the perpetrator's guilty will. A continuing offence is only constituted from the moment the act by which the offence was consummated ceases. For example, we can cite kidnapping or receiving stolen goods. The illicit act lasts for the entire time the thing is in possession, and the offence will only be constituted when the perpetrator gets rid of the thing. Simple offense/complex offense/habitual offense A simple offense is an offense whose material element consists of a single material fact. Ex: theft. A complex offense is one whose material element consists of at least two separate facts. Fraud is a complex offense. Two acts are necessary: ​​a fraudulent maneuver AND the delivery of something by the victim. Finally, some offenses are said to be habitual. They require the repetition of the same act. If the act is committed only once, the offense is not characterized. For example, the illegal practice of medicine which is only an offense if it is habitual. The moral element of the criminal offense is defined in Article 121-3 of the Criminal Code: "There is no crime or offense without the intention to commit it". It is therefore appropriate, systematically, to look for the guilty intention of the defendant. An old decision of the Criminal Division of the Court of Cassation from 1827 also specifies how the notion of "guilty" should be understood: the word "guilty" must be used in a complex sense that expresses both the morality of the act and its physical existence. Guilt refers to the idea of ​​an individual who has voluntarily and freely committed a fault. This cardinal importance of the moral element is taken up by the Constitutional Council. There are two types of moral elements. The first is behavior by commission: the intention to commit. For example, in the case of theft. The second is behavior by omission. It targets offenses where one refrains from acting or offenses where particular safety precautions are not taken (endangering others or involuntary manslaughter). Finally, to incur criminal liability, the perpetrator of the behavior punished by law must have acted according to his or her own will and be endowed with discernment (discern right from wrong). Minors, in principle, persons suffering from a mental disorder or, finally, persons acting under duress are not liable. ▬▬▬▬▬▬▬▬▬▬▬ RELATED VIDEOS ▬▬▬▬▬▬▬▬▬▬▬ ► MATERIAL ELEMENT 🔤    • ÉLÉMENT MATÉRIEL de l'infraction 🔤   ► MORAL ELEMENT 🔤    • ÉLÉMENT MORAL de l'infraction 🔤   ▬▬▬▬▬▬▬▬▬▬▬▬ CHAPTERS IN THIS VIDEO ▬▬▬▬▬▬▬▬▬▬▬ 00:00 Introduction 00:40 Definition 04:33 Conclusion ▬▬▬▬▬▬▬▬▬▬▬▬ ABOUT THIS VIDEO ▬▬▬▬▬▬▬▬▬▬▬ ABCJuris Legal Dictionary in Video #ABCCurisLegalDictionaryinVideo Fanny Cornette Legal Definition Criminal Law    • ÉLÉMENTS CONSTITUTIFS d'une infract...   ▬▬▬▬▬▬▬▬▬▬▬▬ BIBLIOGRAPHY (Criminal Law) ▬▬▬▬▬▬▬▬▬▬▬ Criminal Code 2025 annotated, Dalloz ► Amazon https://amzn.to/4gC8fgP GARE Thierry, GINESTET Catherine, Criminal Law. Criminal Procedure, HyperCours, Dalloz, 2024 ► Amazon https://amzn.to/3VRHhtl WARNING: Legal Dictionary in Video participates in the Amazon EU Associates Program, an affiliate program designed to allow sites to earn compensation by creating links to Amazon.fr.