The rules defining the acts and conduct as crimes and also determining the punishments for each crime is states as criminal law. The government uses the acts of criminal laws to threaten the welfare of the public and ensure public safety.
In other words, it is the area of law that states the acts of offence and crime, govern the detention, arrest, charge and prosecution of offenders accused. It also sets the appropriate punishment as per the crime.
A crime is an omission or acts that breach the law. Most of the criminal acts are defined in statutes varying from one state to another, but there are some common crimes also. The act will not be considered a crime if it is not established before in statute.
Omitting The Law
People are expected to owe two types of duties in the society. The first duty is that they have to obey the written statutes of the law and act accordingly. Secondly, in certain circumstances, everyone has to act according to their culture and moral values. Their actions are referred to as “moral duty”.
For example, if someone is drowning in the water, then it is the moral duty of the other to take quick actions to save his life.
Elements of Criminal Law
To prove someone guilty of some crime, the prosecution has to prove two elements; first, the act has occurred, and the other is that the act was purposeful or the intention of the accused was conscious.
The act that is against the law and is completely intended is known as “over act”. A person when has a purpose and engage in the act consciously for a certain result. It is not a mistake, but the act is done deliberately and voluntarily.
before committing the crime, the intention has to be there, but the act can also be the result of instant thoughts. There are certain facts represented in the court leading to the assumptions.
It is the result of the action or conduct that has been predicted by an averaged intelligent person.
International Criminal Law
It deals with the serious atrocities in which people are held guilty of the conduct. The issues can be related to the terrorism, acts against humanity or crimes of war or aggression.
AN ATTORNEY FOR THE CRIMINAL LAW
The accused are given the legal right to get represented by the attorney. In the case of criminal law, the attorney would be the one who specialises in the criminal defence and has an experience of dealing with the criminal trials.
The criminal attorneys handle the cases like fraud, embezzlement, theft, violence etc. The attorneys specialise in one of these areas.
WHAT IS THE PROCEDURE OF CRIMINAL LAW?
The procedure of the criminal law is to charge, prosecute and then assign punishment for the offence. But different jurisdictions have different procedures to deal with the matters of crime. These procedures are in writing for the local or state jurisdictions, beginning with the official charge and then ending up with the conviction or sentence punishment.
Further, in the procedure of criminal law, the burden of proof is placed on the accused to prove themselves innocent with proper evidence. If the defendant is proved innocent, he gets relieved from the charges and the decision is in his favour.