Criminal law

A crime is regarded as a wrong done to the state. Prosecutions are usually commenced by the State, although they maybe brought by a private citizen. If the prosecution is successful the accused person (the defendant) is liable to punishment. Some crimes, for example, rape, have specific victims. Others, for example, treason or speeding, can be committed without causing loss to any particular person. If there is a victim the defendant will not usually have a say in whether or not a prosecution is brought, nor will he benefit from a conviction, since fines are payable to the State.

Prosecutions involving most serious offences, known as indictable offences, are brought in the name of the Queen / the State. Prosecutions of less serious offences, known as summary offences, are usually commenced in the name of the actual prosecutor (normally a police officer).

Civil law

Civil actions may be commenced by any person who seeks compensation for a loss which he has suffered. If the plaintiff is successful he will usually be awarded damages. The damages must be paid by the defendant. Their purpose is to compensate the plaintiff for his loss rather than to punish the defendant.

The categories of civil law:

• Contract determines whether promises made by persons are enforceable.

• Tort is defined as the breach of the general duty imposed by law (e.g. the duty not to be negligent or not to trespass on another person’s property).

• Property law relates to the ownership and possession of goods.

• Company law regulates the relationship that a company has with its directors, shareholders, creditors and employees.

• Commercial law covers contractual matters relating to business transactions (e.g. sale of goods, consumer credit, cheques).

• Employment law involves contractual relationships between the employer and employee. It also includes redundancy, unfair dismissal, and health and safety at work.

• Family law includes the law relating to marriage, divorce, nullity, guardianship and legitimacy.

Give Russian equivalents for the following legal terms from the text:

1. a wrong done to the state, 2. to commence / bring prosecution, 3. the defendant is liable to punishment, 4. to have a say, 5. to benefit from a conviction, 6. indictable offences, 7. summary offences, 8. in the name of, 9. to suffer a loss, 10. to impose duty, 11. contractual relationships, 12. nullity (of marriage), 13. guardianship, 14. legitimacy (in family law).

Discussion

1. Find additional information to define whether the statements given below comply with the legislation of the Republic of Belarus. Ground your opinion:

1. Prosecutions are usually commenced by the State, although they may be brought by a private citizen.

2. If there is a victim the defendant will not benefit from a conviction, since fines are payable to the State.

3. Prosecutions involving most serious offences, known as indictable offences, are brought in the name of the State.

4. Prosecutions of less serious offences, known as summary offences, are usually commenced in the name of the actual prosecutor (normally a police officer).

5. Civil actions may be commenced by any person who seeks compensation for a loss which he has suffered.

6. Employment law involves contractual relationships between the employer and employee.

2. Get ready to discuss the issues below. Use additional information if necessary. Remember to use as many legal terms as possible while discussing the issues.

1. Point out major differences between public and civil law. Dwell on their main categories.

2. Explain differences between the criminal and civil procedures.

3. Compare the principles of “proof beyond reasonable doubt” and “proof on the balance of probabilities”.

4. Dwell on points of contact between criminal and civil law.

5. Draw a plan of the court system in the Republic of Belarus, showing:

• which legal system it can be referred to;

• which courts have civil functions and which have criminal functions;

• what common and specific features it has as compared to a similar legal system.

UNIT 4