THE PRINCIPLES REGARDING THE DIFFERENCES BETWEEN CRIMINAL OFFENSES AND ADMINISTRATIVE OFFENSES

Abstract

This article discusses the concept of categorizing criminal offenses, which has evolved along with social and legal contexts. Traditionally, offenses were classified into two main categories: “Mala in Se” and “Mala Prohibita”. “Mala in Se” refers to acts inherently evil by nature, such as murder and robbery, which are viewed as morally and ethically wrong at a fundamental level. “Mala Prohibita” on the other hand, refers to actions deemed wrong because they are prohibited by law, like traffic violations or breaches of general regulations, which are not inherently immoral but are forbidden for the sake of public order. As society changes, so too does the conceptualization of crime classification. Today, new categories have emerged, such as “Real Crime”, referring to genuine criminal offenses that have a significant impact on society, and “Public Torts”, which encompass unlawful acts that are not as severe, such as damage to public property. This approach allows for greater flexibility in law enforcement, enabling authorities to consider the context and consequences of each act more effectively. Additionally, the article discusses administrative penalties, which are used for minor administrative violations, such as breaches of administrative regulations or traffic rules. These penalties aim to maintain social order and differ from criminal punishments, which address more serious actions like murder or fraud. Administrative penalties are usually financial and fall under the jurisdiction of administrative authorities, whereas criminal penalties tend to be more severe and diverse, including imprisonment or even capital punishment. Thus, administrative penalties are comparatively lighter and focus on preserving public order, while criminal penalties aim to punish and deter serious offenses.