Criminal Law

Criminal Law is the body of law that defines criminal offences, regulates the apprehension, charging, and trial of suspected persons, and fixes punishment for convicted offenders.

The offences that involve criminal law, a part of public law, are those against the state. Criminal law presupposes a rule of law in defining acts as criminal. In other words, however immoral or unjust an act may be thought to be, it is not a crime unless the law says it is one. Under the common law, custom and precedent define criminal action; in countries or states where a legal code exists, statute defines it. Criminal law usually prohibits the trial of a person a second time for the same offence (double jeopardy) and contains statutes of limitations — that is, limits for the period during which charges may be made.

A crime is usually defined as a voluntary act or omission, in conjunction with a given state of mind. Acts committed during fits of epilepsy or while sleepwalking are involuntary and thus do not qualify as crimes. Mental disorders are also widely recognized as limiting responsibility for acts otherwise regarded as criminal. Other factors entering into the determination of criminal intent are self - defence, defence of other persons, protection of property, and enforcement of the law. The law of most countries recognizes that the use of force, while not justifiable, may be excused if the defendant believed that the use of force was necessitated by special circumstances.

Criminal acts include arson, rape, treason, aggravated assault, theft, burglary, robbery, and murder. Other concerns of criminal law are conspiracy, a rather broad term that denotes agreement between two or more individuals to commit a crime, and attempt. The definition of attempt varies from one legal system to another, but essentially it is preparation for criminal action that has gone beyond a legally defined point.

Important differences exist between the criminal law of most English-speaking countries and that of other countries. The criminal law of England and the United States derives from the traditional English common law of crimes and has its origins in the judicial decisions embodied in reports of decided cases. England has consistently rejected all efforts toward comprehensive legislative codification of its criminal law; even now there is no statutory definition of murder in English law. Some Commonwealth countries, however, notably India, have enacted criminal codes that are based on the English common law of crimes.

The criminal law of the United States, derived from the English common law, has been adapted in some respects to American conditions. In the majority of the U.S. states the common law of crimes has been repealed by legislation. The effect of such statutes is that no person may be tried for any offence that is not specified in the statutory law of the state. But even in these states the common-law principles still exist, for the criminal statutes are often simply codifications of the common law, and their provisions are interpreted by reference to the common law.

In Europe the criminal law of modern times has emerged from various codifications. In the last few decades the movement for codification and the law reform has made considerable progress everywhere. Modern criminal law has been affected considerably by the social sciences, especially with respect to sentencing, legal research, legislation and rehabilitation.

Vocabulary: An apprehension - арешт, convicted offenders - засуджені злочинці, to presuppose - припускати, double jeopardy - заборона повторного переслідування з однієї і тієї ж справи, codification of law - кодифікація права, voluntary act - свідома дія, an omission - бездіяльність, mental disorders - психічні захворювання, criminal intent - злочинний намір, statutory definition - визначення, передбачення законом,

Task 1. Answer the questions.

1. What are the two important elements of a crime which the prosecution must prove?

2. What is «double jeopardy»?

3. What differences exist between the criminal law of most English-speaking countries and that of other countries?

4. What criminal codes provided the model for many European countries?

5. What has modem criminal law been affected by?

Task 2. Match the following words with their definitions.

A trial, an arson, to limit, to protect, a case, to offer, a statute, to codify, an attempt, to suspect.

1. To present for acceptance or refusal.

2. The formal hearing and judging of a person or a case in a court.

3. То distrust or doubt.

4. The crime of setting fire to a building on purpose.

5. To keep safe or defend from danger.

6. A convincing argument.

7. An effort made to do something.

8. To arrange laws or rules systematically.

9. To keep below or at a certain point or amount.

10. A law passed by a legislative body.

Task 3. Make up questions to the sentences.

1. A bill being signed by the Queen, it becomes an act of Parliament.

2. For the International Court of Justice to give an advisory opinion on any legal questions it must have a request from the General Assembly or the Security Council.

3. We expect him to conduct the defence.

4. They heard the plaintiff give evidence.

5. The arrest of the criminal is reported to have been affected.

6. Any state machine is known to reflect the interests of the ruling class.

7. The basic law of the USA is the Constitution which was adopted in 1789.

8. I hope they received the sentence they deserved.

9. Counsel for the defence tried to show that the accused was not guilty