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виновно совершенное противоправное деяние

English translation: illegal act committed with criminal intent

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Russian term or phrase:виновно совершенное противоправное деяние
English translation:illegal act committed with criminal intent
Entered by: Arkadi Burkov
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10:00 Aug 28, 2008
Russian to English translations [PRO]
Law/Patents - Law: Taxation & Customs
Russian term or phrase: виновно совершенное противоправное деяние
В соответствии со статьей 106 Налогового кодекса РФ налоговым правонарушением признается виновно совершенное противоправное деяние
Arkadi Burkov
Belarus
Local time: 21:14
illegal act committed with criminal intent
Explanation:
Intent in law is the planning and desire to perform an act, to fail to do so (i.e. an omission) or to achieve a state of affairs.

In criminal law, for a given actus reus ("guilty act"), the required element to prove intent consists of showing mens rea (mental state, "guilty mind").
Selected response from:

N Watterson
United States
Local time: 13:14
Grading comment
Спасибо
4 KudoZ points were awarded for this answer

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Summary of answers provided
4 +1a culpable act (or omission) committed contrary to the law (punishable by law)
Serhiy Tkachuk
4wrongful act committed with guilty mind
Сергей Лузан
3a criminal act
Paul Kachur
3illegal act committed with criminal intentN Watterson


Discussion entries: 7





  

Answers


39 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
wrongful act committed with guilty mind


Explanation:
or ""unlawful act committed having a guilty mind"
[PDF] BROWARD COMMUNITY COLLEGE COURSE OUTLINEFile Format: PDF/Adobe Acrobat - View as HTML
tt) mens rea – (“guilty mind”) criminal intent, or a mental state of mind that is .... as responsibility for a wrongful act committed by one person that ...
www.broward.edu/outlines/CJK0271.pdf

[PDF] C O N T E N T SFile Format: PDF/Adobe Acrobat
reasons, by the cases of Cato and Newbury, the unlawful act committed by the ...... against that of-fence, whether he had a guilty mind or not, see Hill ...
www.passprotect.studio400.me.uk/Criminal_Cases_and_Material...


    Reference: http://www.google.ru/search?complete=1&hl=en&newwindow=1&q=%...
    Reference: http://www.google.ru/search?q=%22unlawful+act+committed%22+%...
Сергей Лузан
Russian Federation
Local time: 21:14
Native speaker of: Native in RussianRussian
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12 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5
a criminal act


Explanation:
From http://www.lectlaw.com/def/c152.htm

CRIMINAL ACT - Any crime, including an act, omission, or possession under the laws of the United States or a State or unit of general local government, which poses a substantial threat of personal injury, notwithstanding that by reason of age, insanity, intoxication or otherwise the person engaging in the act, omission, or possession was legally incapable of committing a crime. 29 USC

This is to distinguish it from a misdemeanor, a minor crime which does not become part of ones criminal record.

For example, tax evasion in Switzerland is *not* a criminal act, it is a misdemeanor offense.

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Note added at 42 mins (2008-08-28 10:43:06 GMT)
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I believe that they wish to distinguish between a criminal act, which becomes part of ones permanent legal record, and a misdemeanor or civil offense, which does not.

Paul Kachur
Germany
Local time: 20:14
Native speaker of: Native in EnglishEnglish
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3 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5
illegal act committed with criminal intent


Explanation:
Intent in law is the planning and desire to perform an act, to fail to do so (i.e. an omission) or to achieve a state of affairs.

In criminal law, for a given actus reus ("guilty act"), the required element to prove intent consists of showing mens rea (mental state, "guilty mind").


    Reference: http://en.wikipedia.org/wiki/Intent
N Watterson
United States
Local time: 13:14
Native speaker of: Native in EnglishEnglish
PRO pts in category: 4
Grading comment
Спасибо

Peer comments on this answer (and responses from the answerer)
agree  Olga Cartlidge: or unlawful action commited with criminal intent.
7 hrs

disagree  Serhiy Tkachuk: not always with criminal intent
7 hrs
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14 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
a culpable act (or omission) committed contrary to the law (punishable by law)


Explanation:
ы

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Note added at 23 mins (2008-08-28 10:24:45 GMT)
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tax offence .... a culpable illegal act (commission or ommision)

or
a culpable act (omission) punishable by law


1. JSTOR: …any punishable, culpable illegal act (commission or ommision). ...
links.jstor.org/sici?sici=0885-2731(193303%2F04)23%3A6%3C1012%3ATCLIB%3E2.0.CO%3B2-M



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Note added at 26 mins (2008-08-28 10:27:05 GMT)
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The actus reus — sometimes called the external element or the objective element of a crime — is the Latin term for the "guilty act" which, when proved beyond a reasonable doubt in combination with the mens rea, i.e., the "guilty mind", produces criminal liability in common law-based criminal ...
en.wikipedia.org/wiki/Actus reus

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Note added at 36 mins (2008-08-28 10:37:08 GMT)
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"виновное деяние” means that there is the offender’s guilt (guilty act, omission, conduct)
ru.wikipedia.org/wiki/Преступление - 110k

виновно совершенное общественно опасное деяние. Понятие вины раскрывает гл. 5 УК РФ. ...
vuzlib.net/beta3/html/1/7716/7746/ - 33k

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Note added at 11 hrs (2008-08-28 21:21:15 GMT) Post-grading
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In explanations and predictions of human action and inaction culpability is a measure of the degree to which an agent, such as a person, can be held morally or legally responsible. Culpability marks the dividing line between moral evil, like murder, for which someone may be held responsible and natural evil, like earthquakes, for which no one can be held responsible.

Culpability descends from the Latin concept of fault (culpa), which is still found today in the phrase mea culpa (literally, "my own fault"). The concept of culpability is intimately tied up with notions of agency, freedom and free will. All are commonly held to be necessary, but not sufficient, conditions for culpability.

In explanations and predictions of human action and inaction culpability is a measure of the degree to which an agent, such as a person, can be held morally or legally responsible. Culpability marks the dividing line between moral evil, like murder, for which someone may be held responsible and natural evil, like earthquakes, for which no one can be held responsible.

From a legal perspective, culpability describes the degree of one's blameworthiness in the commission of a crime or offense. Except for strict liability crimes, the type and severity of punishment often follow the degree of culpability.

Modern crimes codes in the United States usually make distinct four degrees of culpability.

Legal definitions are:

A person acts intentionally with respect to a material element of an offence when:
if the element involves the nature of his conduct or a result thereof, it is his conscious object to engage in conduct of that nature or to cause such a result; and
if the element involves the attendant circumstances, he is aware of the existence of such circumstances or he believes or hopes that they exist.
A person ACTS KNOWINGLY with respect to a material element of an offense when:
if the element involves the nature of his conduct or the attendant circumstances, he is aware that his conduct is of that nature or that such circumstances exist; and
if the element involves a result of his conduct, he is aware that it is practically certain that his conduct will cause such a result.
A person ACTS RECKLESSLY with respect to a material element of an offense when he consciously disregards a substantial and unjustifiable risk that the material element exists or will result from his conduct. The risk must be of such a nature and degree that, considering the nature and intent of the actor's conduct and the circumstances known to him, its disregard involves a gross deviation from the standard of conduct that a reasonable person would observe in the actor's situation.
A person ACTS NEGLIGENTLY with respect to a material element of an offense when he should be aware of a substantial and unjustifiable risk that the material element exists or will result from his conduct. The risk must be of such a nature and degree that the actor's failure to perceive it, considering the nature and intent of his conduct and the circumstances known to him, involves a gross deviation from the standard of care that a reasonable person would observe in the actor's situation.
(The above has been quoted verbatim from the Pennsylvania Crimes Code. That in turn derives from the American Law Institute's Model Penal Code, which is the basis for large portions of the criminal codes in most states. The only difference is that the MPC uses "purposely" instead of "intentionally".)

In short:

A person causes a result purposely/intentionally if the result is his/her goal in doing the action that causes it,
A person causes a result knowingly if he/she knows that the result is virtually certain to occur from the action he/she undertakes,
A person causes a result recklessly if he/she is aware of and disregards a substantial and unjustifiable risk of the result occurring from the action, and
A person causes a result negligently if there is a substantial and unjustifiable risk he/she is unaware of but very much should be aware of.
http://en.wikipedia.org/wiki/Culpability


Serhiy Tkachuk
Ukraine
Local time: 21:14
Works in field
Native speaker of: Native in UkrainianUkrainian, Native in RussianRussian
PRO pts in category: 12

Peer comments on this answer (and responses from the answerer)
agree  Angela Greenfield: culpable wrongful/illegal act // criminal intent for the purposes of establishing "fault" is not necessary
6 hrs
  -> Thank you very much! BTW, what do you think about "illegal act with criminal intent"?
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