Criminal law

Unit 1 Definition and Elements of a Crime

Reading

1. Read and translate the following international words.

Criminal, act, government, order, reasonable, sense, contractual, number, immoral, statute, precedent, adequate, administer, explicit, declaration, nature, command, create, fundamental, conduct.

2. Read the text and translate it. While reading the text try and find answers to these questions.

1. In what cases can an act be treated as a crime?

2. May an act be considered a common law offense although that act is not forbidden by statute?

3. What is an underlying principle of criminal law?

DEFINITION AND ELEMENTS OF A CRIME

A “crime” is an act or omission in violation of a public law which commands or forbids that act or omission. It is said to be an offense which the government deems injurious not only to the victim but to the public at large and is punished through a judicial proceeding brought in the name of the government. Even an act or omission viewed by some as “victimless” can be made a crime and will be considered a wrong against society.

In order to be convicted of a crime the guilt of an accused of every element of the crime charged must be proved beyond a reasonable doubt.

No act can be considered a wrong against society in the sense of being a criminal offense unless it has been previously made a crime, either by statute or common law. Thus, under ordinary circumstances the failure to perform a contractual obligation, or the breach of a legal duty, standing alone, will not result in criminal culpability.

In a number of American jurisdictions, including the United States Government, common law crimes are not recognized and, no matter how hurtful or immoral its tendencies, an act cannot be treated as a crime unless made so by statute. In other jurisdictions the common law prevails unless changed by statute; thus, an act may be considered a common law offense although that act is not forbidden by statute. This result may occur where there has been blanket legislative adoption of the common law of crimes, consistent, of course, with statutes and the constitution. Thus, some states hold that any act which directly injures or tends to injure the public to such an extent as to require state interference may be punished as a common law misdemeanor, even though no exact precedent can be found.

Whether an act has been made a crime by statute or the common law, the language of the law, when measured by common understanding and prac­tices, must give adequate warning of the conduct prohibited, and mark boundaries sufficiently distinct for judges and juries fairly to administer the law.

To constitute a crime, the act in question must ordinarily be one to which is annexed, upon conviction, a certain specified punishment. Thus, a statute which declares an act to be unlawful but prescribes no penalty, does not create a crime. On the other hand, prescribing a punishment for an act impliedly prohibits it, and it is sufficient to make it a crime without any explicit declaration that the act is unlawful. In this respect, a provision for a fine is usually sufficient, in spite of the fact that the amount may be small.

Provision for imprisonment in a statute does not make an act or proceed­ing criminal in nature when applied, not as punishment, but to compel immediate obedience to the law, as, for example, contempt proceedings.

An underlying principle of criminal law is that all are entitled to be informed as to what the state commands or forbids, and no one should be required at peril of life, liberty or property to speculate as to the meaning of the penal law. A crime cannot be created by inference, and fundamental fairness requires that no person should be held criminally responsible for conduct which cannot reasonably be understood to be proscribed[1].