Criminal law is a set of rules and principles that regulate the application of punishment by the State to crimes committed by individuals. In most legal systems, criminal law is divided into three major areas: material criminal law, formal criminal law and substantive criminal law.
Substantive criminal law refers to the conduct prohibited by criminal law, as well as the penalties established for each of them. Formal criminal law, on the other hand, deals with the way in which the criminal process is carried out, from the investigation to the trial and eventual sentencing. Finally, substantive criminal law deals with the principles and guarantees that govern the criminal system, such as the fundamental rights of the accused.
As regards material criminal law, we can say that there are two major types of crimes: wilful crimes and negligent crimes. The former are those in which the perpetrator has the intention to commit a crime, while the latter are those in which the perpetrator has no such intention.
Within the criminal offenses, we can distinguish between intentional crimes and pre-intentional crimes. The former are those in which the perpetrator is fully aware that he is committing a crime, while in the latter the perpetrator is not aware of this but is still responsible for his actions.
Finally, we can also distinguish between crimes committed through imprudence and crimes committed through negligence. The former are those in which the perpetrator has acted without due caution and has caused damage as a result, while in the latter the perpetrator has acted with due caution but has made a mistake that has caused damage.
As regards formal criminal law, we can say that there are three major stages in the criminal process: investigation, trial and sentencing.
Investigation is the stage in which evidence is gathered about the alleged crime and it is determined whether there is sufficient evidence to proceed to trial. If there is not sufficient evidence, the case is closed and does not go to trial.
The trial is the stage in which the guilt or innocence of the accused is debated. If the court finds the accused guilty, it will pass a verdict of conviction; if it finds the accused innocent, it will pass a verdict of acquittal.
Sentencing is the final stage of the criminal process and is where the sentence to be imposed on the convicted person is dictated. In some cases, a sentence of acquittal with punishment may also be issued, in which the accused is acquitted but a lesser sentence is imposed than that established for the crime committed.
As regards substantive criminal law, we can say that there are two major principles: the principle of legality and the principle of guilt.
The principle of legality establishes that no one can be punished for a crime that is not defined as such by law. That is, no one can be punished for an act that is not considered a crime by law. This principle aims to protect citizens from possible abuses by the State.
The principle of culpability, for its part, establishes that no one can be punished for a crime if they have not committed that crime with intent (dolus) or fault. That is, no one can be punished if they have not acted with the intention of committing a crime or if they have committed a crime through imprudence or negligence. This principle aims to protect citizens from possible errors on the part of the State.
CRIMES OR TYPES: CHARACTERISTICS AND EXAMPLES. CRIMINAL LAW
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Criminal Law 1. Categories, function and definition
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What types of crimes exist in Argentine criminal law?
Crimes committed in Argentina are divided into four categories:
1. Crimes against life and physical integrity: these include homicide, serious injuries, torture and kidnapping.
2. Crimes against personal freedom and security: these include threats, coercion, illegal deprivation of liberty and robbery with violence.
3. Crimes against property: these include theft, extortion, fraud and property damage.
4. Crimes against public administration: these include corruption, bribery, influence peddling and fraud.
What is fraud and guilt?
Dolo and culpa refer to two important concepts in criminal law. Dolo refers to the intention to commit a crime, while culpa refers to the lack of care or duty of care that results in a crime.
What are some examples of criminal offenses?
There are many types of criminal offenses, but some examples include: murder, rape, robbery, assault, burglary, and theft.
What consequences can arise from committing a criminal offense?
The consequences of committing a criminal offence can be very serious. People who commit criminal offences can be sentenced to prison, pay fines and court costs, and may also lose their right to vote.
How is it determined whether an action is considered a criminal offense?
To determine whether an action is considered a criminal offence, the legislation in force in the country in question must be consulted. In Spain, for example, the Criminal Procedure Act establishes the criteria to be followed in determining whether an action is considered a crime.
Are there mitigating or aggravating circumstances when committing a criminal offense?
Yes. There are mitigating and aggravating circumstances for all criminal offences. Mitigating circumstances are factors that reduce the defendant's culpability and can make a sentence lighter. Aggravating circumstances make a sentence more severe.
