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KembaraXtra-Criminal Law-Introduction-Criminal Law as Public Law

11. Criminal Law as Public Law

  • Law is classified into:
    • national (municipal/domestic) law, and
    • international law.
  • National law applies within a State to:
    • citizens, residents, and foreigners.
  • National law is divided into:
    • public law, and
    • private law.
  • Criminal law is part of public law.
  • Crime is an offence against:
    • the State, and
    • society as a whole.

12. Purpose of Criminal Law (Wechsler)

  • To express formal social condemnation of prohibited conduct.
  • Supported by sanctions designed to prevent such conduct.

13. Purposes of Criminal Law (Nigel Walker)
Criminal law aims to:

  1. Protect individuals from intentional violence and sexual harm.
  2. Protect people from unintended harm (traffic, poisons, disease).
  3. Protect vulnerable persons (children, mentally impaired).
  4. Prevent acts regarded as unnatural even if consensual.
  5. Defend the State (e.g. espionage).
  6. Prevent public conduct that shocks or corrupts others.
  7. Protect property from theft, fraud, and damage.
  8. Protect social institutions such as marriage and family.

14. Social Interests Protected (Roscoe Pound)
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Criminal law protects:

  1. General interests (safety, health, order, transactions).
  2. Social institutions (family, religion, politics).
  3. General morals (honesty, integrity, public morality).
  4. Conservation of social resources (rehabilitation and reform).
  5. Social progress (economic, political, cultural).
  6. Individual life:
    • freedom from arbitrary control, and
    • minimum conditions for human existence.

15. Enforcement of Criminal Law

  • Criminal law:
    • prohibits harmful conduct,
    • prescribes penalties, and
    • is enforced by the State.
  • Criminal proceedings involve:
    • police custody,
    • prosecution by the State,
    • trial before a court.
  • Parties:
    • Prosecutor → represents the State;
    • Accused/defendant → person charged.
  • Burden of proof:
    • prosecution must prove guilt beyond reasonable doubt.

16. Punishment and Acquittal

  • If convicted, punishment may include:
    • fine,
    • whipping,
    • probation,
    • imprisonment,
    • life imprisonment, or
    • death penalty.
  • If prosecution fails to prove the case:
    • accused is acquitted;
    • no punishment imposed.


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