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Define criminal law

To define criminal law rightly, we must take into account several aspects, such as element of criminal law, principles, purpose of punishment in criminal law and other important aspects.

Like it was said in the previous article where criminal law was defined in a different ways, this body of law is a special branch of law, a set of rules that regulate a human behavior in the society. The persons, who violate these legal norms, are punished.

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When we define criminal law we need to say that this branch of law is different from other branches of law, as for example civil law. The purpose of punishment in criminal law and the content of the sentences are different in these bodies of law.

To understand better how a criminal law is defined, let consider the following concept. The purpose of punishment in criminal law is focused more on punishment of the guilty, but in civil law, the main purpose is to find solution for the dispute and give compensation to the victim and the persons whose rights were violated.

By the way, in the past there was no difference between criminal and civil law.

In our days, criminal law is unique in sentencing. These are the most stringent in comparison to other punishments. It is inevitable when we define criminal law, to not mention the penalties of this area of law.

In order to understand how is criminal law defined and also to set a right punishment, every court or judge judges the offender or the crime depending on the severity of this crime. These elements are described very detailed here only.

And depending on those elements and on purpose of punishment in criminal law that the prosecutor and the judge fallowed, there are several types of punishments:

Fine – person pays money to redeem the mistake.

Community service or public works – work for the benefit of community for free.

Corporal punishment – this is a physical form of punishment and the main purpose is to educate people and prevent other illegal acts. In many countries these form of punishments are abolished.

House arrest – this method is applied when the punishment cannot be so strict to that person, and to put a person in prison would be a punishment beyond measure.

Incarceration in jail / prison – this is among the most well-known punishment of criminal law. Many people consider that it is a criminal law defined for the punishment, to jail the person a period of time, away from the society, almost alone to have conditions to think what he or she did wrong.

Capital punishment – exist only in some states and this punishment only applies to extremely dangerous and serious crimes. I believe that we cannot talk about any purpose of punishment in criminal law in this case, unless removing an extremely dangerous person from the society.

Need to be mentioned that there are five purpose of punishment in criminal law: retribution, deterrence, incapacitation, rehabilitation and restoration.

This analysis that define criminal law is just a segment of criminal law definition. There are many other angles of analysis, which you can find on this website!



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