Criminal Law

Criminal law is the branch of public law that examines offences and penalties. It is divided into general criminal law and special criminal law.

Criminal law considers both the material and mental elements of an offence. It includes grounds that reduce or remove criminal liability or punishment, the concept of punishment, and the principles and theories governing criminal law. Special criminal law examines the elements and scope of specific offences and the penalties prescribed for them.

The text identifies two principles. The first is legality: penalties may only be prescribed by law. A person cannot be punished for conduct that the law does not expressly define as an offence. Offences must therefore be defined clearly rather than in vague terms. A consequence of this principle is that conduct which was not an offence when committed cannot be punished merely because it is criminalised later.

The second principle discussed is culpability. This is described as a person with full legal capacity knowingly and intentionally committing an offence, and states that punishment requires the act to have been personally committed.

The courts and judicial bodies in this field include:

• Criminal Judgeships of Peace.
• Criminal Courts of First Instance.
• Assize Courts.
• Juvenile Courts.
• Juvenile Assize Courts.
• Enforcement Criminal Courts.
• Intellectual and Industrial Property Criminal Courts.