Crime

We explain what a crime is, what types exist and how it differs from crime. In addition, we tell you what organized crime is.

crime
The consideration of what is and what is not a crime can change in each country.

What is a crime?

a crime It is an action contrary to the law and considered socially harmful, dangerous or reprehensible, which is committed voluntarily. In common language it is a term more or less equivalent to crime, but it is normally associated with the most serious and significant crimes, those that not only injure a victim, but also the entire community.

There is no single definition of “crime” in legal jargon. The consideration of what is and what is not a crime can change in different countries and legal systems. For its part, the term “crime” comes from Roman law, in which it was used as a synonym for “accusation” or “misdemeanor.” It is a term composed of the verb cernere (“analyze” or “sieve”) and the suffix -men (implying means or result).

The body in charge of establishing what constitutes a crime is the law and to dictate a punishment or reparation appropriate to the crime committed is the justice apparatus (courts and judges). In general, crimes are judged and punished through a proportional and exemplary action which not only provides compensation to those who were violated by the crime (or their families and friends), but at the same time teaches the common people of society not to commit similar actions.

Criminal behavior has been the object of study and prevention by different disciplines and sciences, such as psychology, anthropology and legal and forensic sciences, and also by the first commands of conduct proposed by ancient religions and by the modern penal codes of the western republics. Hence, many behaviors formerly considered criminal are not criminal today, or are criminal in some countries and not in others, as is the case of homosexuality.

It is also possible to use the term “crime” or “criminality” to refer generically to the set of organizations and individuals that are dedicated to a life of crime.

See also: Criminalistics

Differences between crime and crime

There is no difference between the terms “delinquency” and “crime” in Spanish legal jargon l. In fact, “delinquent” and “criminal” are entirely synonymous.

However, it is common to associate in ordinary language the idea of ​​“crime” with more than just the legal consequences of breaking the law: Crime also encompasses a social, moral, community impact aspect of which a misdemeanor may be devoid. However, these distinctions are popular and not formally supported.

What is organized crime?

racketeering
Organized crime allows criminals to act in a coordinated and intelligent manner.

We speak of “organized crime” or “organized crime” to refer to the clandestine organizations that operate in a society in order to enrich themselves through illegal actions. That is to say, organized crime is made up of the group of criminals who do not act on their own, but rather form one or several organizations and act in a coordinated and intelligent manner.

A good example of organized crime is the Sicilian mafia: families of Italian origin that compete with each other for control of certain illegal circuits of extortion, smuggling, sales of narcotics or alcohol (in the era of prohibition), among other matters. illegal.

Organized crime is one of the crimes classified in the United Nations Convention against Organized Crime (known as the Palermo Convention), adopted in 2000. With it, it is expected to be able to combat organized crime in a coordinated manner without distinction of the countries in which it operates.

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Types of crime

There are many ways to classify crime, depending on the point of view. For example, judging by the form of guilt demonstrated, a distinction can be made between:

  • intentional crimes. Those in which the criminal commits the action with full awareness of what he is doing and obtains the results he had intended, that is, when chance does not intervene nor is it an accidental crime. For example, a premeditated murder carried out by one's own hand.
  • Culpable or reckless crimes. Those in which the criminal commits an action or inaction that causes damage to a third party or to society, even though it was not his intention to do so. For example, a drunk driver who hits and kills someone.
  • Preintentional crimes. Those in which the criminal intended to carry out an action of much lower intensity or magnitude, and along the way things get out of control. For example, a person during a fight attacks another and unintentionally causes their death.

Crimes are also usually distinguished depending on what the action was committed and how it is classified in the law. In this sense, some of the most common crimes committed today are:

  • sexual abuse. Rape, harassment and sexual abuse are crimes against the sexual freedom of individuals, which consist of forcing or coercing the victim to participate in sexual or erotic acts without their consent. They can occur through physical violence, the threat of violence or the exercise of a certain amount of power (work, professional, family, among others).
  • Breaking and entering. It consists of the crime of breaking into another person's home without their consent, whether for the purpose of stealing, introducing items or any other purpose. Illegal entry into a home is considered a violation of private property and people's privacy, as is entering a home and refusing to leave it when requested by the owner or legal occupant.
  • Assault. It consists of physically attacking a person or threatening them with physical harm or death to reduce them and force them to do something. Simple assault or assault with injuries can occur, since in the latter case permanent or significant injuries are caused to the victim that aggravate the crime committed, such as stab wounds, beatings or shots.
  • Association to commit a crime. It consists of the crime committed by individuals who get together for illegal purposes, that is, who organize to commit crimes in a better way. It applies to criminal gangs, terrorist groups and other criminal groups, and often works as an aggravating circumstance for other illegal actions committed, since it denotes a clear intention to prepare the scene for a crime.
  • Conspiracy. It consists of the organization of several individuals to overthrow the established power and is a crime that does not attack an individual, but rather the State and public order. This may include attacks on the lives of public figures, the destruction of public spaces and facilities or even terrorist-type actions.
  • Cybercrimes (cybercrime). They consist of those crimes that are committed through digital and computer means, such as the Internet or 2.0 platforms. These are a wide range of cybercrimes, such as fraud, scam, violation of privacy, cyberbullying and the like.
  • Illegal detention or kidnapping. They consist of ways to impede the right of free movement of others. The first is based on physically or logistically preventing the mobility of another person, while kidnapping involves the physical subjugation of someone and their retention, generally for the purpose of requesting the payment of a ransom. In both cases the will of the victim is being violated, but in the second there is also an extortion intention, that is, to profit at the expense of the illegal detention of another person.
  • tax evasion. It consists of tax evasion, that is, resorting to various tricks and stratagems to pay less taxes than is due. This includes hiding property and money one has from the treasury, making fraudulent or openly false statements, among other actions aimed at reducing the amount contributed to the State.
  • Falsification. It consists of a crime committed against society and public order, as well as against a third party, in which an imitation or a copy of a valued asset, a legal document or some other important element is created, and it is passed off as the original, for profit. Counterfeiting, for example, banknotes, checks and credit cards is very common, since with these imitation financial instruments you can acquire goods and services illegally.
  • Fraud. It consists of deceiving others, manipulating them or advising them in bad faith, in order to extract money from them or convince them to carry out operations that go against their interests. Frauds are common in which money is requested for a fraudulent organization or investment, that is, non-existent, with the excuse of helping the disadvantaged or the promise of a large and immediate return. It can also be fraudulent sales, in which the buyer is given something different (or of poorer quality) than what was promised.
  • Homicide and murder. It consists of one of the most serious crimes that can be committed: taking the life of another human being. Depending on how this occurs, it may be one type or another of homicide, that is, depending on whether it is an accidental death, due to carelessness or rather something planned with the clear intention of killing someone. In general, the term “murder” is reserved for intentional homicides.
  • Arson. It consists of burning or setting fire to the properties of third parties or public properties, either for fraudulent profit (to collect insurance, for example) or simply to cause harm to someone, without thinking about the damage that this entails or the lives that could be put at risk.
  • incitement to crime. It consists of pushing someone to commit another crime, that is, when the crime is directly or indirectly encouraged. For example, when someone is hired to commit a robbery or a murder, or when someone is bribed not to carry out his duties, he is not committing the main crime with his own hand, but he is committing the crime of indirectly provoking it.
  • Impersonation of authority. It consists of impersonating a public authority, such as a police officer, a soldier, a politician or a doctor, especially when doing so puts the lives of others at risk or uses falsely acquired hierarchy for one's own benefit or profit.
  • Embezzlement of funds. It consists of a crime that can only be committed by a person who is in charge of the money of others, whether money from public funds or money from private organizations, and involves the use of said money for the benefit of the administrator, instead of his or her own. original purposes.
  • Illegal possession of weapons. It consists of possessing weapons obtained illegally, for example, a stolen gun, or handling weapons for which one does not have a legal permit, which puts others at risk, since accidents may occur or the person may not be authorized. to make rational use of the weapon.
  • Theft and theft. They consist of appropriating other people's assets, whether they are objects, properties or capital. However, there is an important difference between the two terms, since theft occurs without violence, while robbery uses force or the threat of force to deprive another of their property. Thus, a thief who breaks the glass of a car to take the player is stealing, while a robber who forces the driver with a gun to hand over the car is robbing him.
  • Illegal work. It consists of making third parties work in illegal conditions, that is, in oppressive situations, vulnerability, under duress or carrying out inappropriate actions. This crime is committed by those who hire workers against the provisions of labor laws, or by unnecessarily putting the life and well-being of the worker at risk. On some occasions, this type of crime can also be attributed to self-employed workers who engage in improper or illegal work, as is the case of prostitution.
  • Drug traffic. It consists of the possession, mobilization and/or marketing of narcotics and illegal drugs, such as cocaine, heroin, among others. Depending on what is stipulated in the laws of each country, this crime may or may not cover the consumer or anyone who possesses drugs for self-consumption.
  • Gender violence. It consists of a crime that is generally committed against women and that can take place both inside the home and outside it, and both within a relationship and outside of it. The crime itself consists of physical abuse and emotional and/or sexual abuse linked to female subjugation and sexist supremacy. Sometimes it can also affect transsexual or sexually diverse people, when they are attacked solely as a result of the free expression of their identity.
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Crimes against humanity

crime against humanity
Crimes against humanity require international oversight.

Crimes against humanity, also called crimes against humanity, are those particularly atrocious, terrible and inhuman actions, which are considered too serious to be tried by ordinary courts and require, therefore, international supervision and evaluation, acting on behalf of all humanity.

Along with the crime of genocide, war crimes and the crime of aggression, crimes against humanity are part of the most serious crimes that can be committed against people and peoples such as slavery, rape, mass murder, racial segregation, religious or political persecution, and physical or psychological torture.

Crimes against humanity do not prescribe, that is, do not expire, and can be tried by any State regardless of where they were committed as established by the principle of universal jurisdiction. To do this, however, there are instances such as the International Criminal Court (ICC) founded in 1998, despite the fact that it does not have the support of the main military powers on the planet, such as the United States, China and Russia.

See also: Intentional and negligent homicide

References

  • “Crime” in the Language Dictionary of the Royal Spanish Academy.
  • “Etymology of Crime” in the Online Spanish Etymological Dictionary.
  • “Crime” in The Encyclopaedia Britannica.
Categories Law