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Introduction to criminal law: criminal law definition, types.

 

Introduction to criminal law: Definition of criminal law: criminal law is the law competent to establish crimes and penalties. In other words, criminal law is the set of legal rules that defines criminal offenses and the penalties prescribed for them. This article deals with everything you need to know about criminal law and answers all the following questions and points.

 

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Introduction to criminal law



Introduction to criminal law:

 

 

1.     Definition of criminal law.

2.     Types of criminal law.

3.     Substantive criminal law.

4.     Procedural criminal law.

5.     The difference between criminal law rules and religion and morality rules.

6.     What is the difference between criminal law and penal law?

7.     penal law.

8.     criminal law procedure.

 

 

 

 

Definition of criminal law:

 

What is criminal law?

 

There are many jurisprudential contributions to the definition  although they are all united in their structure criminal law of and meaning.

 

 

 

"Criminal law is that branch of law that deals with acts and omissions that are criminal offences in the eyes of the law, and the criminal penalties prescribed for them".

 

 

 

"Criminal law is a branch of law by which the State defines human acts considered crimes because they involve causing disturbance in society as a result of their damage or threat to the important interests of society or individuals, and determines the penalties prescribed for those who commit such acts".

 

 

 

"Criminal law is the set of legal rules that define crimes and determine the penalties and preventive measures prescribed for them, and the law that includes them is described as the "substantive criminal law", and the codifiers give it the name "penal code", and jurists call it "penal code", "criminal law", "penal system" or "penal rights".

 

 

 

In summary, the "definition of criminal law" is (the set of legal rules governing criminalization and punishment).

 

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types of criminal law




Introduction to criminal law:
Types of Criminal Law:

 

 


Criminal Law (in its comprehensive sense) includes two main types that complement each other and are indispensable to each other, its: the Penal Code and the Code of Criminal Procedure. Criminal justice is complete within a legal State.

 

 

 

With regard to the difference between the rules of the Penal Code and the rules of the Code of Criminal Procedure, the jurisprudence of the Penal Code agrees as follows:

 

 

 

Penal Code:

 

 

It is a substantive law, which means a set of legal rules that deal with criminal offenses and determine the penalties prescribed for them.

 

 

 

It is substantive law because it deals with questions relating to criminalization and punishment, that is, the extent to which the State's right to punishment is established or not in terms of the origin, scope and requirement of that right.

 

 

 


Therefore, it can said that everything related to the establishment of criminal offences, determining their elements, determining the scope of responsibility for them and the penalty (penalties) prescribed for them, falls within the framework of the substantive rules of criminal law, i.e.

 

 

 

The rules of the Penal Code.  In other words, the rules of the Penal Code specify the conditions under which the incident acquires legal significance and considered a crime, and is suitable for having special legal effects and the penal systems attached to it.

 

 

 

Code of Criminal Procedure (criminal law procedure):

 

 

The Code of Criminal Procedure is that branch of common law under which the State regulates its power to punish anyone found to have committed a crime.

 

 

 

The Code of Criminal Procedure contains a set of rules of a procedural or formal nature, which determine the ways or manner in which society's right to punishment fulfilled.

 

 

 

In other words, the Code of Criminal Procedure is the set of rules that regulate the activity carried out by the public authority because of a crime that has been committed, with the aim of reaching the person responsible for it and imposing a criminal penalty on him.

 

 

 

The importance of distinguishing between the rules of the Penal Code and the rules of the Code of Criminal Procedure:

 


what is the difference between penal law rules and procedural criminal law rules?

 


The importance of distinguishing between the rules of the Penal Code and the rules of the Code of Criminal Procedure (sections of the Criminal Law) appears in the applicability of some general provisions of the Criminal Code to one of them without the other.

 

 

 

For Example: the interpretation of the substantive rules relating to criminalization and punishment does not allow analogy, while the interpretation of procedural rules allows analogy.

 




This also includes the possibility of retroactivity of the substantive criminal rule to the accused and to facts that occurred prior to its issuance if they were in the interest of the accused, while the procedural criminal rule in any case has only a direct effect regardless of whether it is in the interest of the accused or against him.

 

 

 

Note: With regard to the difference between the rules of the Penal Code and the rules of the Code of Criminal Procedure, two very important things must be pointed:

 

 

 

First: the determination of the nature of the criminal rule in terms of whether it is a substantive or procedural criminal rule don’t related to where it is contained in legislation. That is, not necessarily, every rule contained in the Penal Code is an objective rule and every rule contained in the Code of Criminal Procedure is a formal rule.

 

 

 

As an exception, a procedural rule may appear in the Penal Code and a substantive rule may be contained in the Code of Criminal Procedure.

 

 

 

The lesson here is to determine the nature of the rule itself, that is, the nature of the subject matter it deals with, whether it is a substantive provision or relates to a formal rule of procedure.

 

 

 

Second: the jurisprudence of criminal law has traditionally used to use the terms criminal law and penal law as synonyms that express each other in the sense of substantive criminal law, but criminal law in its broad (comprehensive) sense includes both the Penal Code and the Code of Criminal Procedure as described above.

 

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