Infringement

The infringement is a violation of a law of the State, resulting from an act external of the Man, positive or negative, socially ascribable, not being justified by the achievement of a duty or the exercise of a right and which is struck of a sorrow envisaged by the Law (definition by Italian penalist CARRARA).

Etymologiquement, the term of infringement comes from Latin infractio who indicates the fact of breaking, to run up against or cut down an obstacle.

In a broad direction, the word infringement aims all Crime, offense or Contravention, either considered abstractedly by the legislator, or concretely perpetrated by a criminal.

In a narrow direction, the infringement term precisely indicates the fact for a person of violating a legal provision for which there exists a penal sanction. In this direction, the infringement concerns the legal techniques (penal Qualification) and not the legislative techniques of Incrimination.

So that an infringement is recognized, one needs that three components are joined together, namely:

  • the legal element, it is the article which governs the infringement
  • the material element, it is matérialisation of the infringement (ex: a punch for violences)
  • the moral element, it is necessary that the author of the facts have the guilty intention to commit the offense (a person forced to commit the offense is not recognized as responsible)

If it misses one of the three elements, the infringement cannot be recognized.

See too

National articles

  • Infringement in criminal law French

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