How To Prepare The Examination of Criminal Law
The Faculty of Law, in addition to Private Law, one of the tests more difficult to overcome is surely to Criminal Law. This difficulty is justified by the fact that this matter is the set of rules that describe the crimes and the consequences (penalties) arising therefrom. It is a fairly complex branch of the legal system and, more specifically, the domestic public law. The last decade has also chaired the International Criminal Law, which punishes crimes against mankind (such as genocide). Now let’s consider some helpful advice to develop effectively for the examination of Criminal Law.
First of all, our criminal justice system is based on the so-called “dual track” (two penalties), …
1. Penalties , which are addressed to punish the fact,
2. The security measures designed to prevent unlawful conduct of the offender, based on a judgment of social danger of his personality.
As we noted before, the Criminal Law is a branch of law because it fails to affect the fundamental and inviolable freedom of the soul. For this reason, must be subject rigidly to the principle of legality. This is enshrined in Article 1 of the Criminal Code is that Article 25 of the Constitution. Other rules are deduced from this precept. The first is the legal reserve (absolute, even if part of the doctrine considers that it is partially related) and that of non-retroactivity of criminal law. Founded on these two precepts, no one can be punished if, before the deputation of the crime is not a criminal provision that provides for (God forbid). Two other rules are fundamental to recognize the determination (for the legislature) and the obligatory nature (for the judge). In act, the criminal standard should describe in detail and fully the act or omission of the issue, because the court may place the offender only if the act or omission of the issue in question correspond fully to the provisions of law. After finding out these principles, you will require to read the actual definition of ” offense “, which is always a fact typical anti-juridical and guilty. This is called “tripartite conception of the offense” (the dominant one).