criminal law

Law

2022

We explain what criminal law is, its characteristics and the elements that make it up. Objective and subjective criminal law.

Criminal law is responsible for punishing those who break the law.

What is criminal law?

Criminal law is understood to be the branch of Right that is in charge of regulating and conceiving punitive capacities, that is, of punishment, that reserves the right to Condition for those who violate the rules of coexistence or from conduct, always based on a principle of proportionality and impartiality.

Criminal law includes the creation and study of criminal laws, those that contemplate precisely what is and what is not a crime, as well as the monitoring and guidance of judicial decisions on the matter. But not only that, but also the mechanisms with which the society protects herself and philosophy that exists behind the punishment and / or seclusion.

This legal branch belongs to the Positive law, that is, to that contemplated in ordinances, codes and laws written and assigned by the persons. Criminal matters have to do with the decision to remove an individual for a time from the rest of society, considering him dangerous or unable to conform to the rules, or to provide a rehabilitative framework for him to do so.

The only possible source of criminal law is the law itself, contemplated in the criminal codes and criminal laws in force, since neither the habit nor nature define what is punishable or not, only the laws of Humans.

Criminal law is as old as life in society, although it initially existed in tribal revenge laws such as the Talion Law.

Thanks to Roman Law arises in Europe as a legal institution, despite the fact that it was later replaced by the inquisitorial will of the Catholic Church, and re-emerged in the Modern age with the laws of the Republic.

Characteristics of criminal law

Criminal law gives the accused the same and minimal opportunities to defend himself.

Criminal law is governed by the following principles:

  • The presumption of innocence. This principle dictates that everything citizen He must be considered innocent until the necessary proofs and deductions are obtained to reliably prove his guilt. We are all innocent until proven otherwise.
  • Equality before the law. This principle is key to the Rule of law, and it means that everything citizen must respond in equal terms to the law, which is to say that all crimes of all citizens, regardless of class, religion, sex, etc., must be judged with the same scale and punished in the same way.
  • The proportionality of the punishment. This principle establishes that the punishment meted out by the State must be proportional to the crime committed, so that more serious crimes receive a greater sanction than minor crimes.
  • The legality of the law. This principle establishes that the actions of the State in the sanction of the crimes committed cannot in turn be crimes, that is, that the punishment given cannot in turn constitute a violation of the law, or the State would be a criminal State, also worthy of punishment.
  • Respect for due process. Set with procedural law, criminal law ensures that all accused receive the same and minimal opportunities to defend themselves, to give their version of the facts and to be tried individually for each crime charged.
  • Human rights. Finally, human rights are minimum rights that every human being deserves, regardless of their conditions, origin or degree of guilt, even if he did not respect the rights of another and for this he should be punished.

Elements of criminal law

Every act of interest to criminal law consists of the following elements:

  • A criminal. Who is accused of having broken the law and who has been arrested for it.
  • A crime. A concrete breach of the law attributable to a criminal and of which there is evidence, evidence and versions.
  • A shame A punishment or sanction proportional to the seriousness of the crime committed and imparted by the forces of the State themselves.
  • A judge. A citizen expert in laws who supervises the operation of the trial and finally dictates the decision taken after hearing the parties.

Objective and subjective criminal law

There are two perspectives on criminal law, two ways of looking at its mission: objective and subjective criminal law.

When we talk about the first we refer to it as normative, as a legal order by which a given society decides to govern and evaluate itself.

When we speak of subjective criminal law, on the other hand, we refer to the matter of the penalties or punishments imposed by the State, that is, to its punishing and exemplary property, that is, to its capacity to decide on the punishment.

Branches of criminal law

Criminal law is considered to have the following branches:

  • Material or noun. It deals with everything related to the body of legal norms on the basis of which a crime is identified.
  • Procedural or adjective. It is the dynamic part of the criminal offense, as it is in charge of verifying the crime and making judicial decisions to determine the penalty. 
  • Executive or prison. One who is in charge of executing the penalty or punishment and ensuring that it is done correctly.
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