Criminal Law

The criminal Law is the connects right which determines which are the antisocial conduits and of what the reaction of the company against these various behaviors consists. The civil law, on the other hand, relates to the relationship between the individuals.

Introduction

The criminal law corresponds to the one of the principal prerogatives of public power: determination of the limits to individual freedoms. That explains why, in a traditional way, the State reserved a monopoly on the criminal law (prohibition of private revenge, monopoly of violence). The independent source of criminal law is the official right, which does not prevent, like elsewhere, the international sources to have an increasingly large weight.

The Infraction can be defined as the act which is sanctioned by a sorrow. A list of the acts would be impossible to draw up. Indeed, its importance varies according to the times and the countries. For example, of the acts as the suicide, the blasphemy, the heresy, sorcery, homosexuality which were accused in France with the Middle Ages it are not today any more. Conversely, of the new incriminations appeared due to factors like industrialization (infringements as regards road safety, of the Law the labor) or the increase in human solidarity (omission to carry help to others, abuse the weakness of others).

Field of the criminal law

  • the general criminal Law specifies the general terms of incrimination and fixing of the Peine S reserved for the legislative power or lawful. It envisages the three elements of the Infraction, legal, material and moral, the causes of irresponsibility (mental disorder, constraint, minority). It also determines the play of the attempt and complicity. It is him also which determines the applicable penalties, the causes of attenuation or aggravation of the sorrow.
  • the special criminal Law sticks him to the application study of the general principles to the case of each infringement. One speaks about catalogs infringements .
  • the Penal procedure has a double object: the organization of the repressive jurisdictions and that of the course of the lawsuit since the release of the continuations until the exhaustion of the grounds for appeal.
  • the Droit of the execution of the sorrows includes the right of the execution of the penal sentences, the penitentiary right and the right of the application of the sorrows.

For these various branches, it is necessary to add:

  • the Penology which studies the incurred sanctions, their extinction and procedure.
  • the Criminology which is the study of the criminal phenomenon in its social reality and individual (study of the causes and the consequences of criminality)

See too

External bonds

  • criminal Law, liberal point of view
  • Public service of the access to the right

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