Gbolahan Samuel Moronfolu
Crime is a social canker-worm that has eaten deep into the social fabric of the Nigerian society such that its effect is multi-dimensional. Although crime is inevitable and normal aspect of social life, it is an integral part of all healthy societies. It is one of the human security problemsconfronting humanity across the world. Several nations have grappled to contain the rising incidence of homicide, armed robbery, and kidnap, drug trafficking, sex trafficking, illegal gun running and host of others.
Before we can X-ray crime, we need to understand that there is an existing Law. What is LAW:- LAW is a rule of action prescribed by the Government which every member of the society is bound to obey in other to ensure a peaceful co-existence among the people. Any breach of the law could either be criminal or civi;l in nature,
What is a Crime?
A crime is an offence that merits community condemnation and punishment, usually by way of fine or imprisonment. This is different from a civil wrong (a tort), which is an action against an individual that requires compensation or restitution.
An offence on the other hand is a crime that breaks a particular law and requires a particular punishment. It is a behavior which causes people to be upset or embarrassed. A criminal offense is knowing or conducting one’s behavior in a way that violates local, state, or federal laws. Some behaviors are only considered civil offenses, like disagreements concerning payment schedules, other, more severe offenses toward a person or property are considered criminal.
Criminal offences are normally prosecuted by the Federal Government, whereas it is usually up to an individual to take a civil action to court. It is also possible for an individual to begin criminal proceedings, but this is very rare. Some matters, such as assault, can be both crimes and civil wrongs at the same time. The police can prosecute for assault and the victim can take civil action to recover money (or some other kind of compensation) for any injury suffered.
It is not always easy to tell when something is a crime. A person who takes and fails to pay back money commits a civil wrong (not a crime). Although a civil action can be commenced to recover the money, the borrower can only be prosecuted for a criminal offence if fraud is involved.Whether or not the police decide to charge a wrongdoer with a criminal offence is entirely their decision. A victim of crime cannot force the police to prosecute an offender but it is possible, although not common, to make a private persecution. It is advisable to get legal advice if you are considering this.
There are two elements necessary in a crime thus:
ACTUS-REUS: This refers to the act or omission that comprises the physical element of a crime as required by statute. When a person commit a crime there are physical acts that make up element of the crime. These physical acts, or a failure to act, constitute the actus rues of the crime. In fact, the literal translation of ‘actus rues’ from the original latin is ‘guilty act’ in order or a person to be charged with a crime, the actus rues of the crime must have occurred. If there is no acutus reus, then no crime was committed. These are crimes where the actus reus of the crime is the actual crime itself. In other words, all that needs to be demonstrated is that the act occurred, regardless of the defendant having a ‘mens rea’ or ‘guilty mind’.
MENS REA:- This is also refers to as GUILTY INTENT. It is a mental element of a person’s intention tocommit a crime or knowledge that one’s action or lack of action would cause a crime to be committed. It is a necessary element of many crimes. In simple term, it is an intent to do something which is normally wrong, or the guilty or blame able state of mind
Forms of crime
Crime can involve violence, sex or drugs but also discrimination, road rage, and burglary. Crime is any behavior and any act, activity or event that is punishable by law.
Examples of crime:
Cybercrime
Anyone using the internet can be a victim of cyber crime. Examples include identity theft and child pornography. One way the government is combating this crime is through the Cyber Crime Reporting Website.
Youth crime
To increase public safety, the government is combating youth crime and antisocial behavior by young people through swift intervention, rapid sentencing and appropriate after care.
Human smuggling and human trafficking:
The government has taken a number of measures to combat human trafficking, including a higher maximum prison sentence for perpetrators.
Illegal possession of firearms
Substantial fines and prison sentences may be imposed for the illegal possession of firearms and illegal trade in firearms. Possession and sale of stilettos, flick knives and butterfly knives are also prohibited.
Cannabis cultivation
Cannabis cultivation is prohibited in Nigeria. Cannabis growers often have ties with organized crime. Cultivation is a source of nuisance and a risk to neighbors. There is a risk, for example, of fire and antisocial behavior by criminals visiting the premises. The government will take action against people who supply equipment to grow cannabis.
Fraud
Fraud includes benefit fraud, tax fraud and money laundering from criminal activities. The government will fight fraud by:
confiscating laundered money and criminal assets: every year, the authorities seize tens of millions of Naira and luxury goods such as houses and cars from criminals; creating more capacity for financial investigations by the Economic and Financial Crimes Commission (EFCC);paying more attention to financial investigations in basic police training.
Real estate
Organized criminals often buy expensive properties with the proceeds of crime. The government can use property as a basis for uncovering and dismantling criminal practices. The government is studying ways to identify and combat property crime more effectively.
Benefit fraud
Personal circumstances determine the level of certain benefits. Recipients must therefore report changes in their circumstances and family income so that they do not receive benefits they are not entitled to. By carrying out more inspections (e.g. home visits), the government will reduce the number of undue benefit payments.
Evasion of social insurance payments
Employers must withhold social insurance contributions from their employees’ salaries and remit them to the authorities. But they do not always do so, especially if the employees are illegal. To prevent the social insurance system being exploited, the government will act firmly against businesses that do not remit social insurance contributions. They must pay the contributions and will be fined.
Illegal workers
Illegal workers are usually subject to low pay and poor working conditions. Furthermore, employers do not respect collective labor agreements and do not pay tax and social insurance contributions. Medical expenses are therefore not reimbursed following an accident at work.
Moronfolu is a seasoned security consultant with many years of security and policing experience. FELLOW, Fourth Estate Professional Society (FFPS), he has also partaken in peace keeping operations within and outside the country and has flair for general security education.
