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- any offense is always a definite act, which is under constant
control of a person’s will and mind. This is a volitional, conscious act,
which is expressed in the actions or inactions of a person. For
example, the traits of character, direction of thoughts or personal

qualities of a person cannot be considered as signs of an offense,.
However, if they are found in the specific unlawful acts – actions or
inactions, then in this case there are legal consequences;

- wrongfulness is the next very important feature of the offense.
Not every act – action or inaction, is an offense. The act violates the
law only when it happens contrary to the legal requirements.
- one of the most important signs of the offense is the presence

of guilt. The fault reflects the psychological state and the attitude of a
person towards the wrongful act committed by him/her – towards
actions or inactions, as well as resulting consequences. It means the

person’s understanding or awareness of wrongfulness of his/her
behaviour and the resulting consequences. That is why the crimes of
minors and persons unconvicted by the court cannot be considered as

offenses, even if they are contrary to law, because they are not able to
understand the wrongfulness of their actions.
So-called objectively unlawful acts are not regarded as offenses,

although they occur consciously, at the person’s will. Such acts are
committed according to the professional or official duties and do not
include the fault, for example, the actions by a firefighter who caused
damage to property during the extinguishing of a fire, similar actions

by a rescuer or a doctor.
There are two forms of guilt: intention and carelessness. Intent
assumes that a person who has committed an unlawful act is aware of

the socially dangerous nature of his/her actions or inactions, envisages
their socially dangerous consequences and wishes (or allows) their
offensive.
In the case when a person, being aware of the socially dangerous

nature of the act committed by him/her, implies the possibility and
inevitability of its harmful consequences and wishes for their
offensive, there is a direct intention. If a person understands the

wrongfulness of his/her act and its effect, but does not wish for their
offensive, although he/she admits such an opportunity or doesn’t care
about them, there is an indirect intention.

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