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There are two kinds of negligence as one of the forms of guilt:
self-confidence and negligence.
Self-assumption assumes that a person foresees socially
dangerous consequences of his/her behaviour, but foolishly expects to
avoid them.
Negligence assumes that a person does not foresee socially
dangerous consequences of his/her actions, but may and must foresee
them. The negligence points out, first of all, to the irresponsible and
disrespectful attitude of the person to fulfilling his/her obligations, to
the interests of society and another person (persons).
- offenses are carried out by people who are delict capable, that
is, who are able to control their will and their behaviour, to report in
their actions, to be aware of their wrongdoing and to be responsible
for their consequences.
Delict capability is defined in laws and other normative-legal
acts. Delicts capable are all people who have reached a certain age.
- The signs of the offense include the presence of harm caused to
a person or an organization by another person or organization and the
existence of a causal link between the wrongful act and the harm
done.
The harm caused has two aspects – legal and factual. The
legal part is that the subjective rights of the participants in the legal
relations are violated, or such conditions are created that impede the
performance of legal obligations by legal subjects. The factual part of
the offense consists of inflicting a participant of the legal relationship
the material or moral damage.
When we are talking about such a feature of an offense, as the
presence of a causal link between the wrongful act and the harm done,
then, firstly, it is a straightforward, and not some other connection.
Harmful consequences should be a direct result of violation of the
existing legislation. No indirect links between them are allowed; and
secondly, the causal connection should not be accidental, but quite
logical, which caused the onset of harmful consequences.
All signs of the offense are summarized in the concept of "body
of a crime", which is developed by law, and groups and describes the
features according to the scheme: object, subject, objective and
subjective aspects of the offense.
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