All You Need To Know About Criminal Law

Rohan Mathew

Despite all the awareness and connectivity people still are unaware of their legal rights, making them feel powerless. Awareness about the criminal law and the public provided rights is one of the most important things in society.

Legal Definition Of Criminal Law

According to Britannica

“Criminal law, the body of law that defines criminal offenses, regulates the apprehension, charging, and trial of suspected persons, and fixes penalties and modes of treatment applicable to convicted offenders”

Criminal law is only one of the mechanisms that are used to provide social security to individual interests and ensure their survival. In addition to these, there are codes of conduct instilled by the institutions of family, school, and religion, the rules and regulations of factories, the regulations of civil life enforced by ordinary police powers; and the sanctions available through tort actions. The distinction between criminal law and tort law is difficult to explain. One can say, however, that tort law is a private law while a crime is public law. 

Principles Of Criminal Law

The traditional approach to criminal law is that crime is a morally wrong act. Criminal sanctions are applied for the offenders to give retribution for the loss made and to stimulate their moral guilt. The Writers of the Enlightenment wave such as Montesquieu, Voltaire, and Jeremy Bentham considered criminal law as a way of preventing crime in a society. However, with the development of social sciences, there arose new concepts about the basic principle of criminal law. This modern concept encapsulates two aspects. One is to protect the public and the second is to reform. For example, the German criminal code of 1998 admonished the court that the “effects which the punishment will be expected to have on the perpetrator’s future life in society shall be considered.” 

Types Of Criminal Law

Criminal law has various types, which a criminal defense lawyer like Aswani Datt  advocates and wins with expertise. These types include:

Crime Against A Person

Crimes against a person are those that cause physical or mental harm to a person. It is further divided into two categories. Homicide and violent crimes. Homicides may include first-degree murder, voluntary manslaughter, or vehicular homicide. While violent crimes against a person include:

  • assault and battery
  • arson
  • child abuse
  • domestic abuse
  • kidnapping
  • rape and statutory rape

Crime Against Property

Crime against property includes interference with the property of another person. Many property crimes are theft crimes, including burglary, larceny, robbery, auto theft, and shoplifting.

Inchoate Crime

Inchoate crimes refer to those crimes that were initiated but not completed and acts that assist in the commission of another crime. Inchoate crimes include aiding and abetting, attempt, and conspiracy. 

Statutory Crime

Statutory crimes are those crimes that are other than those explained above but prescribed by statute. Statutory crimes include alcohol-related crimes, drug crimes, traffic offenses, and financial/white-collar crimes.

Finance Related Crimes

Financial crimes are those that involve fraud and deception for financial gains. These also include white-collar crimes like blackmailing, embezzlement and money laundering, tax evasion, and cybercrime. 

 Conclusion

When all is said and done, criminal law is a device to provide public security and free living. However, hiring an experienced and sincere criminal lawyer who can protect your rights is crucial for ensuring your safety.