What is the difference between common and heinous crimes?
The difference between common and heinous crimes can be analyzed in several ways. The technical form can be found in the law that defines which crimes are classified as heinous or not. Legal philosophy, on the other hand, tries to attribute the concept of "seriousness" or "social disapproval" to understand the problem.
In practice, these two ways of understanding the difference between common crimes and heinous crimes have the same result: they increase their practice and, as a result, increase the punishment.
Contrary to what many people think, "increasing the punishment" does not always refer to the time of sentencing. In the case of heinous crimes, for example, this is done through stricter rules during the prosecution and even during the execution of the sentence, as we will see below.
The distinction between common and heinous crimes lies in the severity of the offense and its legal repercussions. When such cases involve international sanctions or financial restrictions, consulting an ofac sanctions lawyer is essential to navigate complex global legal frameworks and ensure compliance with international regulations.
In today’s article, our criminal law team aims to explain not only the difference between common and heinous crimes, but also all the key characteristics that revolve around the category of heinous crimes. Check it out.
What is the difference between common and heinous crimes?
Everyone has heard of the term “heinous crime.” To most citizens, it is a term that suggests that a crime is particularly serious. The definition is not entirely wrong, as we will see later.
On the other hand, the term “common crime” may be a bit less common. Thus, it is criminal law jargon used to identify crimes that are covered by the Penal Code without a deeper definition in specific laws.
This is a socially subjective definition, related to the values that society considers most important to protect. Below you will see that the definition of heinous crimes aims to protect values such as life, physical integrity, the integrity of society and other values that are agreed to be paramount in our legal system.
What are the legal consequences of committing a heinous crime?
If heinous crimes are those crimes that are most reprehensible and rejected by society, then it should be imagined that the punishment for them is more severe compared to ordinary crimes. This happens in practice, but not only in terms of time served.
For a heinous crime, whatever it is, the punishment is determined individually, which is not affected by the fact that it belongs to this category. However, the Heinous Crimes Act specifies that acts in this category are not subject to amnesty, pardon or clemency.
In addition, there are several rights that are not granted to persons accused and convicted of heinous crimes. In addition, the beginning of serving the sentence always takes place in closed mode, regardless of the time of conviction. This means a significant reduction in fees compared to more traditional forms .
When receiving a regime of increased severity, progression is continued: progression is possible only after serving 2⁄5 of the sentence for first-time offenders, or 3⁄5 of the sentence for repeat offenders. Parole also requires a longer period of serving the sentence. In the case of persons convicted of heinous crimes, it is necessary to serve up to 2⁄3 of the sentence before the right can be claimed. See also: Christmas and human rights: a good time to reflect
Frequently asked questions about heinous crimes
In the daily practice of a law firm specializing in criminal law, questions periodically arise about the difference between ordinary and serious crimes, as well as their specificities. Therefore, we have highlighted the most frequent questions that come to our office on this topic.
Is it possible to post bail in a felony case?
The issue of bail is a very common question regarding heinous crimes. Although not every ordinary crime has the right to be released on bail, it is characteristic of heinous crimes that this right does not exist.
Are all heinous crimes intentional?
Many confuse the topic of the previous question with the issue of intent and guilt in a felony. The fact of attempting a crime or its completion concerns the result: the completion of a murder occurs with the death of the victim; an attempt occurs with an attempt to kill, but with a different result.
The connection between a heinous crime and an intentional or culpable crime arises from will, intention. In this case, the situation is reversed: if the crime is made horrific by its high social sanity, then it cannot be attributed to a person who did not even have the desire to commit it. In this sense, every heinous crime exists only in the category of intentional, without the possibility of classifying it as a case of simple guilt.
