Criminal Law is a legal entity that deals with crime. This avoids behaviors that are perceived as threatening, harmful, or harmful to the property, health, safety, and moral welfare of the community. Much of the criminal law is established by law, which says that the law is enacted by the legislature. This includes the punishment of people who violate these laws. The criminal law varies according to jurisdiction, and differs from civil law, where more emphasis on dispute settlement and victim compensation than punishment. The criminal procedure is a formalized formal activity that authenticates the facts of the crime and authorizes the punishment of the offender. This is the best core definition; they do not understand all legal systems, all stages in the development of the legal system, or all elements of a particular legal system.
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History
The first legal code was designed by the Sumerians. Around 2100-2050 BC Ur-Nammu, king of Neo-Sumer Ur, imposed the oldest written code of law that the text has found: Your Ur-Nam Code even though Urukagina of Lagash's initial code (2380-2360 BC) is also known has been there. Another important starting point is the Code of Hammurabi, which forms the core of Babylonian law. Only fragments of the ancient Greek penal code survive, eg. owned by Solon and Draco.
In Roman law, Gaius Comments on the Twelve Tables also links civil and criminal aspects, treats theft ( furtum ) as a lawsuit. Robbery and robbery by violence is analogous to a property violation. Such breaches of law create legal obligations or vinculum juris released with payment of compensation or monetary damages. The Roman criminal law of the empire was collected in Book 47-48 of Digest. After the rise of Roman law in the twelfth century, the sixth-century Roman classification and jurisprudence provided the basic distinctions between penal and civil law in European law from that time to the present.
The first signs of modern differences between crime and civil affairs emerged during the Norman Invasion of England. The specific notion of a criminal penalty, at least on Europe, appears in Spanish Late Scolasticism (see Alfonso de Castro), when the theological idea of ​​God's punishment (poena aeterna) aroused solely for the guilty mind, became transfused into the first canon law and, finally, secular criminal law. The development of the state that issued justice in court clearly emerged in the 18th century when European countries began to maintain police services. From this point on, the criminal law has formalized law enforcement mechanisms, enabling its development as a visible entity.
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Criminal law purposes
Criminal law is specific to serious or serious consequences or serious sanctions for failing to comply with its rules. Every crime consists of criminal elements. The death penalty may be imposed in some jurisdictions for the most serious crimes. Physical or physical punishment can be imposed like a whip or whip, although this punishment is prohibited in most parts of the world. Individuals may be incarcerated in jail or prison under various conditions depending on the jurisdiction. Solitude may be solitary. The length of detention may vary from day to day. Government controls may be imposed, including house arrest, and inmates may be required to adapt to specific guidelines as part of parole or probation. Fines may also be imposed, confiscating money or property from someone convicted of a crime.
Five goals are widely accepted for criminal law enforcement with penalties: retribution, deterrence, incapacitation, rehabilitation and restoration. Jurisdictions differ on the value to be placed on each.
- Vengeance - Criminals should be Sentenced in several ways. This is the most viewed goal. Criminals have taken improper advantage, or caused unfair harm, to others and consequently, criminal law will place criminals on some unpleasant discomfort to "balance the scales." People are subject to the law to receive the right not to be killed and if people violate this law, they surrender the right granted to them by law. Thus, the person committing the murder can be executed on his own. An associated theory includes the idea of ​​"improving the balance."
- Prevention - Individual prevention is addressed to specific offenders. The goal is to impose sufficient penalties to prevent perpetrators from criminal behavior. General prevention is aimed at the wider community. By imposing penalties on those who commit offenses, other individuals are not advised of such offenses.
- Incapacitation - Designed just to get criminals away from society so that people are protected from their mistakes. This is often achieved through prison sentences today. The death penalty or expulsion has achieved the same goal.
- Rehabilitation - Aims to transform actors into valuable members of society. The main purpose is to prevent further violations by convincing offenders that their behavior is wrong.
- Recovery - This is a victim-oriented punishment theory. The aim is to improve, through state authority, any injuries inflicted on victims by perpetrators. For example, a person who is embezzled will be asked to repay an incorrect amount. Recovery is generally combined with other major goals of criminal justice and is closely linked to the concept of civil law, ie returning the victim to his original position before the injury.
Selected criminal law
Many laws are enforced by the threat of criminal penalties, and the ranges of punishment vary with jurisdiction. The scope of criminal law is far too broad for intelligent catalogs. However, here are some of the more typical aspects of criminal law.
Element
Criminal law generally prohibits undesirable actions . . Thus, evidence of evil requires evidence of some action. Academics label this requirement of actus reus or guilty act . Some of the crimes - especially the violation of modern rules - no longer need, and they are known as violations of strict liability (For example Under the Road Traffic Act 1988 it is a violation of strict obligations to drive vehicles with concentration of alcohol above the prescribed limit). However, because of the potentially severe consequences of criminal convictions, the magistrate in the common law is also looking for evidence of an intention to do something bad, mens rea or a guilty mind . For crimes in which both actus reus and reed is a requirement, the judge has concluded that the elements must be present at the right time and it is not enough that they occur sequentially at a time different.
Actus reus
Actus reus is Latin for " guilty acts " and is a physical element of committing a crime. This can be accomplished by an act, by threat of action, or remarkably, by acts of negligence, which is a legal obligation to act. For example, a striking A B action may be enough, or a parental failure to feed a young child can also provide reus for a crime.
Where actus reus is failure to act, there must be maintenance task . Obligations can arise through contracts, voluntary endeavors, blood relationships with whom one lives, and sometimes through one's official position. The task can also arise from one's own creation from dangerous situations. On the other hand, it was held in England that turning off the life support of a person in a persistent vegetative state is a negligence to act and not a criminal. Because cessation of power is not voluntary, not overly negligent, and in the best interests of the patient, no crime occurs. In this case it is held that because a PVS patient can not provide or withhold approval for medical treatment, it is for the physician to decide whether the treatment is in the best interest of the patient. It makes sense for them to conclude that the treatment is not in the patient's best interest, and therefore should be stopped, when there is no prospect of improvement. It is never lawful to take active steps to cause or accelerate death, although under certain circumstances it is lawful to withhold live care, including meals, without which the patient will die.
A reus actus can be removed in the absence of cause and effect. For example, a crime involves a danger to someone, the person's actions must be the cause of but for and the immediate cause of harm. If there is more than one cause (eg, Hazard comes in the hands of more than one offender) the action must have "more than a little or trivial" link to the danger.
Because it is not damaged just because the victim is very vulnerable. This is known as the thin skull rule. However, it can be broken by interfering action ( novus actus interveniens ) from a third party, the victim's own behavior, or other unexpected events. Mistakes in medical care usually will not break the chain, unless the error itself is "so powerful in causing death."
Mens rea
Mens rea is another Latin phrase, meaning "guilty mind". This is the mental element of evil. A guilty mind means the intention to commit the wrong action. Intentions under the criminal law are separate from one's motives (though motives do not exist in Scottish law).
The lower threshold of mens rea is satisfied when a defendant acknowledges a malicious action but decides to continue doing so. This is carelessness. This is the mental condition of the mind of the person at the time of the reus activity. For example, if C removes the gas meter from the wall to get the money in it, and knows this will allow flammable gas out to the neighbor's house, he could be responsible for poisoning. Courts often consider whether the actor recognizes the danger, or other possibility of recognizing the risk. Of course, a requirement that should be should be recognized danger (even if he does not) is tantamount to removing intent as a condition. In this way, the importance of mens rea has been reduced in some areas of criminal law but is clearly still an important part of the criminal system.
The inaccuracy of intentions can also vary the seriousness of the offense and may reduce the penalty but this is not always the case. Murder committed with the special intent to kill or with the recognition of consciousness that death or serious bodily harm will occur, is murder, whereas murder committed by such a frivolous acts of conscience can be a common murder. On the other hand, it does not matter who is actually harmed by the actions of the accused. The doctrine of transferred hatred means, for example, that if a person intends to attack a person with his belt, but the belt bounces and strikes others, mens rea is transferred from the intended target to the person who is actually beaten. [Note: The idea of ​​transferred intentions is not in Scottish Law. In Scotland, a person will not be accused of an assault because of the purpose of the transfer, but instead of an attack due to carelessness.]
Strict responsibility
Firm responsibility can be described as criminal or civil liability irrespective of the lack of mens rea or intent by the defendant. Not all crimes require a specific purpose, and the required error thresholds may be reduced or decreased. For example, it may be sufficient to show that a defendant is acting negligently, not intentionally or recklessly. In violation of absolute obligations, in addition to prohibited actions, it may not be necessary to demonstrate that act is intentional. Generally, a crime must include deliberate action, and "intent" is an element that must be proven to find the crime. The idea of ​​a "crime of strict responsibility" is an oxymoron. Some exceptions are not really a crime at all - but are administrative and civil penalties made by law, such as crimes against traffic or road codes.
Fatal violations
A murder , widely defined, is a unlawful murder. Unlawful killings are probably the most frequently targeted action of criminal law. In many jurisdictions, the crime of murder is divided into various degrees of severity, for example, first-degree murder, based on intentions .
The insanity that is solved is a possible defense.
Personal violations
Many criminal codes protect the physical integrity of the body. Battery crimes are traditionally conceived as unlawful touches, though this does not include the daily beats and shocks that people secretly approve of as a result of attendance in the crowd. Creating a fear of an imminent battery is an attack, and can also lead to criminal liability. Non-consensual sexual intercourse, or rape, is a very horrible form of battery.
Property violations
Property is often protected by criminal law. Unauthorized entry is against the law of signing in to someone else's original property. Many criminal codes provide penalties for conversion, embezzlement, theft, all of which involve the deprivation of property values. Robbery is a violent theft. Fraud in the UK is a violation of the 2006 Fraud Law by false representation, with the failure to disclose information or by misuse of the position.
Participatory violations
Some criminal codes criminalize relationships with criminal enterprises or involvement in crime that does not really come true. Some examples help, conspire, conspire, and strive. However, in Scotland, the English concept of Aiding and Abetting is known as Art and License . See Glanville Williams, Textbook of Criminal Law, (London: Stevens & Sons, 1983); Glanville Williams, Criminal Law of Public Section (London: Stevens & Sons, 1961).
Mala in se v. mala prohibita
While crime is usually broken down into degrees or classes to be punished appropriately, all violations can be divided into 'mala in se' and 'mala prohibita' laws. Both are Latin legal terms, mala in se meaning crimes that are inherently considered evil or morally wrong, and thus will be widely regarded as crimes regardless of jurisdiction. Mala in violation is a serious criminal offense, property crime, immoral acts and corrupt acts by public officials. Mala prohibita , on the other hand, refers to violations that have no errors associated with them. Parking in restricted areas, driving the wrong way on one-way streets, jaywalking or unlicensed fishing are examples of actions that are prohibited by law, but without those not considered wrong. The law of the Mala prohibita is usually strictly imposed, as it is not necessary to make components for punishment under the offense, only the act itself. For this reason, it can be said that violations of the prohibita are not a crime at all. Defense
criminal law jurisdiction
Public international law is extensive and widespread with cruel and horrible criminal acts to influence the whole society and the region. The formative source of the modern international criminal law was the Nuremberg trials after the Second World War where Nazism leaders were charged for their role in genocide and cruelty across Europe. The Nuremberg Trial marks the beginning of a criminal offense for an individual, in which individuals acting on behalf of a government may be tried for violation of international law without the benefit of sovereign immunity. In 1998 an international criminal tribunal was established in the Rome Statute.
See also
- Administrative law
- Civil law
- International law
- Legal socialization
- Military emergency law
- EU law
International criminal law
- Crimes against humanity
- International criminal law
- The United States and the International Criminal Court
- Universal jurisdiction
National criminal law
- Australian criminal law
- Canadian criminal law
- Russian Criminal Code
- The Romanian Criminal Code
- Singapore criminal law
- United States criminal law
- English criminal law
- French Criminal Code
- Hong Kong criminal law
- Indian criminal law
- Irish criminal law
- Northern Ireland criminal law
- Philippine criminal law
- Scottish criminal law
- Strafgesetzbuch (Switzerland)
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Source of the article : Wikipedia
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