Is called contravention to the act and the result of contravening : act against the established or mandatory. In the field of right , a contravention is a unlawful conduct that is punished by the law .
When a person commits a violation, their behavior puts a legal good at risk . It is a lack of gravity that, for that reason, is not classified as crime , although it is a reason for punishment anyway.
For this same reason, the penalties that apply to those responsible for the contraventions are less than those applied to those who commit crimes. It is usual that it is a pecuniary punishment (such as penalty fee ) or the deprivation of some right , but not a punishment that deprives the offender of freedom.
The characteristics of the contravention may vary according to the legislation. Cross a red traffic light , for example, is a action which is usually considered as a contravention. Who incurs in this practice is fined. It can also be a contravention ride a motorcycle without a helmet or drive a car without using a 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 should be used for social promotion, education or health programs, among other initiatives that advocate the development of community .
Let's look at some of the penalties that the authorities apply to those who incur a contravention, beyond the fines:
* warning : it is a wake-up call that the judge carries out in private to the counter-inventor;
* caution not to offend : who commits the fault must deposit in the bank an amount of money established as the case may be, which remains in a government account for a period of time as a "guarantee" that it 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 contravention;
* 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 who has 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 Buenos aires city (Argentina ), to cite a specific locality, the street harassment It is considered a contravention and those responsible can be fined or sentenced to do community work. Street harassment is understood as making comments of a 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 your consent, as long as all these behaviors do not constitute a crime.
Before the complaint In the case of an alleged violation, the 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 firms.
He minutes Police officers are referred to the agency responsible for dealing with the contraventions, and once in their facilities, it is re-signed to start the file that will be investigated by the assigned prosecutor, according to the police station that has intervened. Thus the origin of a contravention process takes place.