CRIMINAL LAW. 1. Criminal law is a category of public law which concerns disputes between citizens and the state, or between one state and another

1. Criminal law is a category of public law which concerns disputes between citizens and the state, or between one state and another. A crime is an act that violates the law and is punished by the state. Crimes include felonies (more serious offences – like murder or robbery) and misdemeanors (like petty theft or speeding). For each crime there are elements that must be proven: 1) the criminal act and 2) the criminal state of mind of the person when he committed a crime.

2. Crime has three major categories: crime against person; crime against property and crime against the public order. Crime against person always involves force or threat of force against the body of another (murder, battery, rape, robbery, extortion, kidnapping, etc.). Crimes against property are distinguished by loss of property (theft, embezzlement, false pretenses, forgery, arson, etc.). Crimes against public order include rioting, treason, and most of the “victimless” crimes (prostitution, sale of pornography, drug deals).

3. In most legal systems there is an important principle that a person cannot be considered guilty of a crime until the state proves he committed it. There is the rigorous requirement that the prosecution in a criminal case must prove the defendant's guilt beyond a reasonable doubt. The suspect himself need not prove anything, although he will of course help himself if he is able to show evidence of his innocence.

4. When a person is convicted, the question should be asked: “What is the purpose of punishment – reformation, restraint, retribution, rehabilitation and deterrence?” Punishment should fit the crime. The more serious a crime is, the more severe a punishment should be. The types of punishment are the following: life sentence, term of imprisonment, suspended sentence, probation, community service, compensation, fine.

Дата добавления: 2015-07-20