Criminal law

Criminal law is a branch of public law that defines crimes and fixes punishments. It also regulates the methods of charging and trying criminals.

The principal notion of criminal law is crime – violation of law punishable by the state.

Criminal law of most modern states classifies crimes as:

- offences against the safety of the state (treason, tax evasion, bribery, counterfeiting);

- offences against the public peace and order (drunk and disorderly conduct, carrying weapons, illegal speeding);

- offences against a person (homicide, assault, kidnapping, rape);

- offences against property (theft, larceny, robbery, burglary);

- offences against decency (bigamy, sexual harassment).

According to their gravity, crimes are divided into felonies and misdemeanors. Felonies are the mostserious crimes. Misdemeanors are less serious crimes.

Two things must be present for a crime to be committed: a criminal act itself (Actus Reus) and a criminal state of mind (Mens Rea). In a murder, for example, Actus Reus is the killing of a human being by another human. Mens Rea is the person’s intent to kill.

One important principle of criminal law is presumption of innocence. Under this principle if the defendant has pleaded not guilty his innocence should be presumed until the state proves his guilt beyond reasonable doubt.

Even if Actus and Mens have been proved, the defendant may still avoid punishment if he can show that he has a defense – a reason the court should excuse his act. The most common defenses are: insanity, self-defense and duress - being forced to commit a crime.

Punishment is fine, imprisonment, or other penalty provided by law and imposed by the court. The punishment for a felony is imprisonment for at least one year or death in some limited cases. The punishment for a misdemeanor is fine or imprisonment for no more than one year. The ultimate penalty is death or capital punishment. Almost half the countries of the world have abolished the use of the death penalty.

The purpose of punishment is to reform and rehabilitate criminals, and to deter them and others from similar behavior in the future.

Criminal law is one of the fastest growing areas of the law. One of the reasons is that the number of crimes committed in some countries is increasing rapidly. Another reason is that different governments continually review their ideas of what should be considered a crime.

CONTRACT LAW

Дата добавления: 2015-07-24