LawCriminal law

Criminal law is the most important branch of jurisprudence

Concept of criminal law

Any state should protect its citizens, because it is stipulated in the constitutions of all civilized countries. In this regard, criminal law is an objectively formed branch of jurisprudence. It is necessary for the restoration of justice and punishment for wrongful conduct. Criminal law can be viewed from three positions - as legislation, science and academic discipline. As legislation, it is a regulatory framework. From the point of view of science, this is all material that people have learned (textbooks, monographs, scientific dissertations, etc.). And the academic discipline is characterized by a combination of means and methods of teaching criminal law in universities and other educational institutions.

Subject

Any independent branch of law should at least have its own subject and method. Criminal law is an industry that includes social relations that occur in connection with the commission of a crime. Specifically, these are types of crimes and penalties for them, criminal responsibility, the imposition of punishments or other measures of educational influence, exemption from punishment. Other relationships can also be included if they directly enter the subject.

Parts of criminal law

The traditional division into a general and special part has criminal law. The general part includes the basic principles, tasks, responsibilities, the operation of the law in space and time, circumstances that can exclude the crime of the deed. In general, these are the main provisions that form the criminal law. A special part is devoted to specific crimes, which are stipulated in the law. They can be classified for different reasons. As a basis in the criminal law, the constitutional model is taken, where it is first necessary to protect a person (crimes against the individual, the economy), then society (against public safety and order) and, at the very least, the state (state illegal actions). Accordingly, according to the chapters, the Criminal Code is divided in this way.

Principles

The most important provisions that apply not only to a particular industry, but also to law in general, are called principles. These are the starting points, which are unacceptable in any situation. There are basic provisions that shape and criminal law. This is the rule of law, the equality of all before the law, guilt. We will tell you more about each of them. Legality is a general legal principle that has adopted the criminal law. This means that any government bodies, organizations and simply all people should act only in accordance with the law. In view of this, strict regulations should be unambiguous and should not be interpreted differently. Equality of all is ensured by the same punishment for the same act. Ideally, if the murder was done by a person without a fixed place of residence, otherwise he should serve the same penalty as a Duma deputy who committed a similar crime. The fault is justified: a person is responsible for what he has done.

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