Criminal law

Penal Code and the Penal Code is a set of laws that relate to the crime. And it regulates social behavior and denied everything that is threatening, harmful, or otherwise subjected to property, health, safety and moral welfare of the people. It includes punish people who violate these laws. Criminal law in accordance with its mandate is different, and different from civil law, where the focus is more on the settlement of disputes and compensation for victims of focusing on punishment.

The first civilizations generally did not distinguish between civil and criminal law. The design of the first symbols of law books by the Sumerians. About 2100-2050 BC, Ur-Nammu, King Neo-Sumerian Ur, enacted the oldest written legal code, which was discovered text: Orr law of growth despite the fact that a former symbol of Oorrukagina Lagash (2380-2360 BC) is also known to be present . It was another important early code Code of Hammurabi, which formed the core of Babylonian law. He survived only fragments of the criminal laws as early as ancient Greece, for example, those of Solon and Draco.

In Roman law, the merged comments Gaius over a dozen tables are also civil and criminal aspects, treating theft (furtum) as a tort. It has been analogized assault and robbery with violence as encroachment in the property. Creating a breach of these laws commitment to law or Leadership juris discharged by payment of monetary compensation or damages. The collection of the Criminal Law of the Rome Empire in the books of 47-48 of the Summary. After the revival of Roman law in the 12th century, the sixth century provided classifications Romania and jurisprudence foundations of the distinction between criminal and civil law in European law from then until the present time.

The first signs of the modern distinction between crimes and civil cases emerged during the Norman invasion of England. It originated criminal penalty idea, at least as regards Europe, the Spanish-language late Scolasticism (see Alfonso de Castro), when the theological idea of ​​God's punishment (poena AETERNA) suffered only the mind is guilty, became transfused in the first canon law, and finally, to secular criminal law. The development of dispensing justice in state court clearly emerged in the eighteenth century, when European countries began maintaining police services. From this point, criminal law formalizing the enforcement mechanisms, allowing for the development of a concrete entity.

Criminal law is distinct from the unique potential serious consequences or penalties for non-compliance with its provisions. Each train consists of the crime of criminal elements. It shall not impose the death penalty in some jurisdictions on the most serious crimes. It may not be the imposition of corporal punishment or physical, such as flogging or caning, despite the fact that these sanctions are banned in many countries of the world. Individuals may be incarcerated in jail or prison in a variety of conditions by jurisdiction. Solitary confinement may be. Prison length may vary from day to day life. It may not be imposed government control, including house arrest, and there may be a need for those convicted to comply with the guidelines as part of a conditional allocation or test system release. Also may be charged fines, seizure of money or property of a person convicted of a crime.

Widely accepted five goals for the enforcement of the criminal law of penalties: retribution, deterrence, disability, rehabilitation and restoration. Jurisdictions differ from the value that will be placed in each of them.

We have to suffer in some way criminals - retribution. This is the most objective is seen on a large scale. Criminals have taken advantage of improper or unfair harm, to others, and therefore, the criminal law put criminals in some defect unpleasant "to balance the scales." People submit to the law to get the right not to be killed, and if people violate these laws, and delivery of the rights granted to them by law. Thus, one who was killed had been executed himself. And it includes the relevant theory the idea of ​​"redress the balance."

Individual deterrence is aimed toward the specific offender - deterrence. The goal is to impose a sufficient penalty to discourage the offender from criminal behavior. The aim of general deterrence in society as a whole. By imposing a penalty on those who commit crimes, and discourage other individuals from committing those crimes.

Deficit - is designed simply to keep criminals away from society in order to protect the public from misconduct. Often achieved through prison sentences today. The death penalty or exile may serve the same purpose.

Rehabilitation - aims to transform the offender into a valuable member of society. The primary goal is to prevent further offense by convincing the offender that their behavior was wrong.

Restoration - this is a theory that the victims of the punishment. The goal is to reform, through the power of the state, any injury to the victim by the offender. For example, one who embezzled will be required to repay the amount acquired incorrectly. Restoration is usually combined with other criminal justice major goals and is closely linked to the concepts of civil law, any victim back to their original status of his or her pre-injury.

The imposition of many laws threat of criminal penalty, the range of punishment varies with jurisdiction. Within the scope of criminal law is very broad to catalog intelligently. However, the following are some of the more typical aspects of criminal law.

The law generally prohibits criminal acts is undesirable. Thus, evidence of a crime requires proof of some work. Naming scientists this condition of criminal act or an act guilty. Some of the crimes - the organizational crimes and modern private - do not need more than that, as they are known crimes strict liability (for example, under the traffic law on the roads in 1988, is a crime of absolute liability car to drive with alcohol in excess of the prescribed) limit concentration. However, because of the potentially serious consequences of a criminal conviction, the judges sought in public law is also evidence of an intention to do some bad thing, criminal or guilty mind and intent. As for the crimes that both criminal act and criminal intent are the requirements and the judges concluded that the elements must be present in exactly the same moment, it is not enough that occurred sequentially at different times.

Criminal act is Latin for "guilty act" and is a material element of a crime. This can be achieved through work, through the threat of work, or in exceptional cases, through the omission of action, a legal duty to act. For example, the act of striking B may be sufficient, or the failure of a parent to give food to the young child also can provide the actus reus of the crime.

Where the actus reus is not moving, there must be a duty of care. Duty can arise through the decade, and voluntary, blood who lives one relationship, and sometimes through the official one position. The duty also could arise from the creation of one of the dangerous situation. On the other hand, was held in the United Kingdom, which turn off the life support of the people in the state of coma is the omission of action and not a criminal. Since the stopping power is not a voluntary act and not gross negligence, not in the interest of the patient, do not take the place of the crime. In this case held that since the patient WSF can not give or withhold consent to medical treatment, and it was for doctors to decide whether the treatment is in the patient's best interest. It was reasonable for them to conclude that the treatment is not in the patient's interest, and therefore should be stopped, when there was no prospect of improvement. It was illegal to take effective steps to cause or accelerate death, although under certain circumstances it was lawful to withhold life-sustaining treatment, including nutrition, without which the patient will die.

It may be canceled on the actus reus of the absence of a causal relationship. For example, a crime involving harm to people, and it must be the work of a person but for some reason the direct cause of the damage. If more than one reason exists (eg harm comes at the hands of the offender more than one) should be doing "more than a slight link or tampering" of damage.

It is not broke causal simply because the victim is particularly vulnerable. This is known as the base thin skull. However, you may be breaking the document intervention (Novus act interveniens) from a third party, himself the victim's behavior, or event can not be predicted another. A mistake in medical treatment and usually do not cut the chain, but the mistakes are in themselves "very powerful in causing death."

Criminal Intent is another Latin, which means "guilty mind". This is the mental element of the crime. Guilty mind means an intention to commit some unlawful act. Intention under a separate criminal law for the motivation for someone (even though the motive does not exist in Scottish law).

The threshold of less than criminal intent be available when the defendant admits serious but did decide to commit it anyway. This is recklessness. This is the psychological state of mind of the person at the time of committing the criminal act. For example, if C tears gas meter from the wall to get the money at home, and knows this will allow the escape of flammable gas in a neighbor's house, he could be responsible for the poisoning. Courts often consider whether the actor did not recognize the danger, or should instead be recognized risk. Of course, the only condition is that one must recognize the danger (although it was not) is tantamount to erasing intent as a condition. In this way, it has been reduced importance of criminal intent in some areas of criminal law, but obviously still an important part of the criminal justice system.

Legitimacy of intent also the gravity of the crime committed may vary, and may reduce the punishment, but this is not always the case. The murder committed on a specific intent to kill or with conscious recognition that death or serious physical harm will result, be murder, while killing carried out by reckless acts that lack such awareness can be manslaughter. On the other hand, it does not matter does not fall upon the harm suffered by the actions of the defendant. The doctrine of hatred transport means, for example, that if a man accidentally hit someone with his belt, but the belt bounces off and hits another, the transfer of criminal intent on the intended target for the person who actually has been reached.

It can be described as strict liability criminal or civil liability in spite of the absence of the man or criminal intent by the defendant. Not all crimes require specific structure, the threshold of guilt required may be reduced or rank. For example, it may be enough to show that the defendant had acted negligently, not intentionally or recklessly. Strict liability offenses, unlike the prohibited act, it may not be necessary to show it was deliberate. Generally, it must include the crimes of a deliberate act, and "intent" is an element that must be proved in order to find a crime. The idea of ​​"strict liability offense" is an oxymoron. The few exceptions are not really crimes at all - but are administrative regulations and civil penalties established by statute, such as crimes against traffic law or highways.

Murder, which is defined broadly, is the unlawful killing. Unlawful killings and was probably done most often targeted by criminal law. In many countries, murder is divided into different gradations of intensity, for example, the murder of the first class, on the basis of intent. Hatred is required from the murder element. Manslaughter (murder in Scotland) is a variety less than murder committed in the absence of malice, resulting from a reasonable provocation, or diminished capacity. Involuntary manslaughter, where it is recognized, it is murder, which lacks all but the most debilitating guilty intent and recklessness.

Many criminal laws protect the physical integrity of the body. It is understood the crime of battery traditionally as touching illegally, despite the fact that this does not include the daily knocks and shocks that people approve silently due to the presence in the crowd. Creating fear of an imminent assault battery, and may also lead to criminal liability. Non-consensual sexual intercourse, or rape, is a form traveled from the battery.

Royal is often protected by the criminal law. Trespassing is illegal to enter the real property of another. Many criminal laws provide penalties for conversion, embezzlement and theft, all of which involve a deprivation of property value. Theft is theft by force. Fraud in the UK is a breach of the law in 2006 to fraud by false representation, by failing to disclose information, or by taking advantage of the situation.

Some criminal laws that criminalize cooperation with the criminal enterprise or involvement in the crime, which does not actually come to fruition. Helping some examples, incitement, conspiracy and attempt. However, in Scotland, and the concept of English of aiding and abetting known as the art and the responsibility. See Glanville Williams, Book of the Criminal Code, (London: Stevens & Sons, 1983); Glanville Williams, Criminal law general part (London: Stevens & Sons, 1961).

While crimes usually break into grades or classes to punish appropriately, all crimes can be divided into "bad per se" laws "in bad prohibita". Both legally Latin, injured in the same sense in which thought to be inherently evil or morally wrong crimes fairly, and thus will be seen on a large scale as crimes, regardless of jurisdiction. Mala in se crimes and crimes and property crimes and acts of unethical and corrupt acts by public officials. Mala prohibita, on the other hand, refers to crimes that do not have legitimacy associated with them. Parking in a restricted area, and driving the wrong way on the street in one direction, indiscriminate crossing for pedestrians or unlicensed fishing are examples of acts prohibited by statute, but without it is not considered an error. Usually impose laws prohibita money carefully, as there is no need to be criminal intent element of punishment under such crimes, just the act itself. For this reason, it can be argued that the crimes prohibita money is not really a crime at all.

Public International Law deals on a wide and growing range of criminal behavior with that gruesome and horrific enough to impact on communities and entire regions. The formative source of international criminal law to talk the Nuremberg trials after the Second World War, which the Nazi leaders were tried for their role in the genocide and atrocities across Europe. Nuremberg trials was the beginning of criminal wrong for individuals, as individuals acting on behalf of the government can be prosecuted for violations of international law without the benefit of sovereign immunity. In 1998 was the establishment of the International Criminal Court in the Rome Statute.