Вопрос № 800704 - Английский язык

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Criminal intent must be proved in most cases. Criminal intent generally means the defendant intended to commit the act and intended to do evil.
A few crimes do not require criminal intent. These are generally less serious crimes, for which a jail sentence is very unlikely. Traffic offences fall within this classification. You may not have intended to speed or have intended evil but you have still committed this crime.

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                        What is a crime?
1. Crime is a part of public law — the law regulating the relations between citizens and the state. Crimes are acts which the state considers to be wrong and which can be punished by the state. There are some acts which are crimes in one country but not in another. For example, it is a crime to drink alcohol in Saudi Arabia, but not in Egypt. It is a crime to smoke marijuana in England, but not (in prescribed places) in the Netherlands. It is a crime to have more than one wife at the same time in France, but not in Indonesia.
2. In general, however, there is quite a lot of agreement among states as to which acts are criminal. A visitor to a foreign country can be sure that stealing, physically attacking someone or damaging their property will be unlawful. But the way of dealing with people suspected of crime may be different from his own country.
3. In many legal systems it is an important principle that a person cannot be considered guilty of a crime until the state proves he committed it. The suspect himself need not prove anything, although he will of course help himself if he can show evidence of his innocence. The state must prove his guilt according to high standards and there are elements that must be proved. In codified systems, these elements are usually recorded in statutes. In common law systems, the elements of some crimes are detailed in statutes; others, known as "common law crimes", are still described mostly in case law.
4. There are usually two important elements to a crime: (1) the criminal act itself; and (2) the criminal state of mind of the person when he committed the act. In Anglo-American law these are known by the Latin terms of (1) Actus Reus and (2) Mens Rea.
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Sometimes it is impossible to consider an act of crime in one country as an act of crime in another.

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A felony is a crime of a serious nature. It exists when the act:
1) is labeled so by law or
2) is punishable by death or confinement for more than one year in prison.
Murder, kidnapping, arson, rape, robbery, burglary, embezzlement, forgery, larceny (also called theft) of large sums, and perjury are examples of felonies. A person who lies when under oath commits perjury.

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A misdemeanor is a crime of a less serious nature. It is usually punishable 1) by confinement in a jail for less than one year, 2) by fine, or 3) by both confinement and fine. Crimes such as drunkenness in public, driving an automobile at an illegal speed, shoplifting, and larceny of small sums are usually misdemeanors. A lesser misdemeanor is known as an infraction. Parking overtime on metered parking, failing to clear snow from sidewalks, and littering are examples of infractions. Ordinarily, no jury is allowed in cases involving infractions because the punishment is no more than a fine.

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Larceny (commonly known as theft) is the wrongful taking of money or personal property belonging to someone else. Variations of larceny include robbery (taking property person in immediate presence and against the victim’s will, and by force or by causing fear) and burglary (entering a building with the intent to commit a crime). Other types of larceny include shoplifting, pickpocketing, and purse snatching.

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Knowingly receiving stolen property is an offense separate from larceny. It consists of receiving, concealing, or buying property known to be stolen, with intent to deprive the rightful owner of the property. One who receives stolen property is known as a fence. Special statutes deal with the fencing of types of property that are commonly stolen, such as motor vehicles and valuable airplane, ship, or truck cargoes.