Definition of contravention - What it is, Meaning and Concept
contravention is called the act and the result of contravening : acting against the established or mandatory.In the field of right , a contravention is an unlawful conduct that is punishable by the ley.
When a person commits a contravention, his behavior puts a legal good at risk .It is a lack of seriousness that, for that reason, is not classified as a crime , although it is anyway reason for punishment.
For this same reason, the penalties that are applied to those responsible for the offenses are less than those applied to those who commit crimes.It is usually a pecuniary punishment (such as a fine ) or of the deprivation of some right , but not a punishment that deprives the offender of liberty.
The characteristics of the contravention may vary according to the legislation. Crossing a traffic light in red , for example, is a action that is usually considered as a contravention.Whoever incurs in this practice is fined.It can also be a circular motorcycle violation without helmet or drive a car without using the seat belt .
It is important to note that the fine is not an amount that dissolves, so to speak, once it comes to the authorities; on the contrary, it must be used for social, educational or health promotion programs, among other initiatives that advocate the development of the community .
Let's see some of the penalties that the authorities apply to those who incur a contravention, beyond the fines:
* warning : this is a wake-up call that the judge makes in private to the counter-inventor;
* caution not to offend : whoever commits the fault must deposit in the bank an amount of money established according to the case, which remains in a government account for a certain period of time as a "guarantee" that he will not violate the law again.After this period of time, which does not usually exceed six months, the money returns to its owner, unless he has committed another violation;
* repair : it is based on the same criteria that apply to the fine, and consists of the payment that the contraventor makes to the affected person to compensate for the damage to which you have submitted it;
* prohibition of concurrence : the person who committed the offense can no longer approach the place where he committed the offense, among others determined by the judge.
In the City of Buenos Aires ( Argentina ), to cite a specific locality, the street harassment is considered a violation and those responsible can be fined or condemned to perform community work.Street harassment is understood as making comments of sexual nature or obscene gestures on public roads or in private public access sites; to exhibitionism; to non-consensual or undue physical contact; and to register photos and videos of a person without their consent, provided that all these behaviors do not constitute a crime.
Upon the complaint of an alleged violation, police personnel must verify or verify its existence, after which they must proceed to prepare the relevant record and record all the details of the diligence, such as the evidence and the personal information of the participants, with their corresponding signatures.
The act carried out by the police officers is referred to the agency responsible for dealing with the contraventions, and once in its facilities it is re-signed to start the file that the prosecutor will then investigate assigned, according to the commissioner who has intervened, if the origin of a contravention proceeding takes place.
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