Misdemeanor

Offenses referred to a less serious offense that is punishable by a not too high imprisonment or a fine. When exactly is to speak of a misdemeanor, is defined differently in the laws of the various States.

Historical classification

The distinction between offenses of different severity is already occupied very early in the history of law. Even in the Constitutio Criminalis Carolina between causae maiores and causae minores ( serious and less serious accusation reasons) was distinguished; this separation was decisive for the form of punishment: life, body and honor penalties or fines and brief jail.

The German Penal Code ( Penal Code ) of 1871 distinguished between crimes, misdemeanor and infraction. It was based on the incurred under Napoleon French Code Penal Impérial (1810 ), whose three-division ( trichotomy ), the French criminal law and close to the French style similar systems ( eg Belgium ) today determined (crime - délit - contravention ). The assignment was dependent on the threat of punishment: Is the death penalty, imprisonment or imprisonment of more than five years threatened life, it was a crime, on pain of imprisonment, imprisonment up to five years duration or a fine of more than 150 marks a offense and on pain of imprisonment or a lower fine for a violation.

With the penal reform of 1974/75 this trichotomy was replaced in the Federal Republic of Germany by a dichotomy (division ): Since then, only felony and misdemeanor offenses. The offenses were abolished and partially converted to offense, replaced or decriminalized in part by regulatory offenses. Instead of prison, jail and prison uniform entered the prison.

Whether this dichotomy is to be maintained, is controversial among criminal lawyers, as their practical significance is relatively low.

In some jurisdictions, there is the distinction between misdemeanor and felony or no longer. For example, exist in the co- starting developed by the French model penal laws of Italy, Spain and the Netherlands for Bagatellstraftaten Although further transgressions ( contravvenzioni, Faltas or overtredingen ), all other offenses are, however, uniformly as " crimes " or "offenses " ( delitti, delitos or misdrijven ) refers. Even here, though serious and less serious offenses corresponding subcategories will be assigned. In most jurisdictions of the common law, there is the distinction between heavy or " Specimen " crimes ( felonies ) and less serious criminal offenses ( misdemeanors ), the term "crime" (crime ) is used in English as an umbrella term and systematic rather the " offense "corresponds to as such.

Definition in Germany

Criminal

After the German criminal law, the term of the offense is defined by its legal consequence. While crime punishable by a term of imprisonment of at least one year, offenses are offenses which are punishable by a lesser term of imprisonment or a fine ( § 12 para 2 of the Criminal Code ). Here the penalties may yet go beyond one year.

Be called The criminality of the attempt of an offense must be explicitly in the law (§ 22, § 23 StGB).

Offenses are basically accused before the criminal judge of the district court. If the expected sentencing range between two and four years' imprisonment (see Criminal spell ), the lay judges at the district court has jurisdiction. If the sentencing range higher or is of particular importance in the case, the great Criminal Court has jurisdiction. The responsibilities arising from the provisions of the Judicature Act.

Disciplinary Law

Disciplinary Legally, a service offense a violation of professional rules of an official on or off duty.

Definition in Austria

According to § 17 para 2 of the Austrian Criminal Code ( Classification of crimes) offenses are all offenses which are defined ( with lifetime or more threatened than three years of imprisonment for intentional action ) is not a crime. In contrast to the German system, the attempt is an offense punishable by law in Austria. Furthermore, the jurisdiction of the courts is regulated differently.

Definition in Switzerland

The individual offenses that (BT) of the Swiss Penal Code (SPC ) are provided in the special section, it is either felony, misdemeanor or violation ( tripartite division of crimes). Thus, the offense, the intermediate stage between crime and transgression dar. According to article 10 paragraph 3 of the Criminal Code offenses are acts that are punishable by imprisonment of up to three years or a fine. The decisive factor is the threat of punishment, not the actual sentence imposed in a particular case. The test is applicable to crimes and offenses generally punishable (Article 22 paragraph 1 of the Criminal Code ).

• General penology ( Germany )
• General penology ( Austria )
• Criminal Law ( Switzerland )