Criminal Law

Question 1

The minimal principle

Answer 1

Criminal punishment should not be imposed lightly and only as last resort

Question 2

Function of criminal law

Answer 2

• Social control instrument

- tool to regulate governmental power

Question 3

The principle of individual autonomy

Answer 3

citizens should be free from undue state powers

Question 4

The welfare approach

Answer 4

To protect the environment where the society is based

Question 5

The harm principle

Answer 5

Power can be used against a person if it’s necessary to prevent harm to others

Question 6

Punishment Theories

Answer 6

Utilitarian theory:

• The state should only inflict as much punishment as is needed to prevent future crimes
• Discourage other people to commit a crime
• Rehabilitation purpose

Retributive Theorie:
The punishment is imposed because deserved. The punishment should be proportional to the seriousness of the crime

Question 7

Criminal liability Common Law

Answer 7

1. actus reus
   a. Was there is an act?
   b. Was the act is wrongful?
2. mens rea
   a. Descriptive aspect: Was there an Intention or negligence or recklessness?
   b. Normative aspect: Is the perpetrator to blame?

Both need to be fulfilled to have liability

Question 8

Criminal liability Civil Law

Answer 8

1. Fulfillment of offense definition
   a. objective element: Was there is an act?
   b. subjective element: intention or negligence
2. Wrongdoing: Was the act is wrongful?
3. Blameworthiness: Is the perpetrator to blame?

Question 9

Criminal Omission

Answer 9

Liability in the absence of action:

1. offense of failing to act
2. Commission by omission (duties of care e.g parents for children)

Question 10

Intention Civil Law

Answer 10

Direct intent: Consequence of an intention is actually desired

Indirect intent: He’s aware over almost certain side-effects of his actions and does it anyways

Conditional intent: Acceptance of a possible risk

Question 11

Intention Common Law

Answer 11

Direct intent: Consequence of an intention is actually desired

Indirect intent: He’s aware over almost certain side-effects of his actions and does it anyways

Recklessness: A person was aware of risk which is known to the person as unreasonable to take

Question 12

Negligence in Civil Law

Answer 12

1. Conscious negligence
   The agent is aware of the risk but assumes that the risk will not occur
2. Unconscious negligence
   The agent isn’t conscious of a risk but he should and could have been aware of it

Question 13

Negligence in Common Law

Answer 13

1. Unconscious negligence
2. Inadvertent negligence

Taking a risk without knowing it was taken

Question 14

Excuses in criminal law

Answer 14

1. Selfdefense

2. Insanity (Medical or mental disorder)

Question 15

Criminal process

Answer 15

1. The investigation phase

2. The trial phase

Question 16

In dubio pro reo

Answer 16

The defendant can be considered guilty only if his guilt have been proved beyond reasonable doubt

Question 17

Rights in Criminal Law

Answer 17

1. Right to remain silent
2. Right to counsel
3. Right to introduce witnesses (Common Law witnesses are questioned by the parties in Civil Law by the judge)
4. Right of confrontation
5. Presumption of innocence
6. Proportionality
7. Balance between parties
8. Fair trial + Fair investigation

Question 18

Evidence

Answer 18

The evidence can be:

1. real
2. oral
3. direct

Question 19

Cour System Common Law: Adversarial system

Answer 19

Common Law Adversarial system:
Consists in a dispute between two parties. The parties are in charge of bringing the evidence and offering the arguments to persuade a passive judge

Civil Law Inquisitorial system:
An impartial judge who takes an active part by leading the proceedings and collecting all the relevant evidence