4 ms·
> To be not a serious crime it must fail to be a crime or to be serious. I think both positions can be argued, albeit being serious seems to be easier to unhing
by GTP 3y ago
> To be not a serious crime it must fail to be a crime or to be serious. I think both positions can be argued, albeit being serious seems to be easier to unhinge..
AFAIK something qualifies as a crime if the law says you can get a jail sentence for it (and vice versa). So it's not something you can argue in favour or against, you just have to look at the current legislation. But you still got a point for the seriousness, since it's not a violent crime there's room for discussion here.
- Joker_vD 3y agoCrime is basically anything that's listed in special part of the criminal code (the general part talks mostly about the definitions and criminal procedure and also contains this provision; the special part is the actual list of crimes with punishments which don't have to include jail time to sill be considered crimes).
- Propelloni 3y agoThe two previous post are sort of legal positivism. Nothing wrong with that, I have read Kelsen, too -- but one could argue that copyright infringement should not be on "the list", IOW is not a crime. This, of course, would be a much more foundational discussion.