Criminal Law: The Law and Punishment

Criminal Law is a branch of Law that studies Law and Punishment. In other words, it focuses on studying everything related to the sanction imposed by the State on individuals who have committed a crime.

Criminal Law aims to protect society from criminals, but also to ensure that people accused of a crime have fundamental rights that are respected. For this reason, it is a very important and highly relevant branch of Law.

Criminal Law Concept

Criminal Law is the branch of Law that is dedicated to studying Law and Punishment. In other words, it focuses on analyzing everything related to the sanctions imposed by the State on individuals who have committed a crime.

Object and purpose of Criminal Law: protect society

One of the fundamental objectives of Criminal Law is to protect society from criminals. To do this, a series of sanctions are established for those who commit a crime.

In addition, Criminal Law aims to ensure that people accused of a crime have fundamental rights that are respected. In this way, abuses by the State are avoided and the dignity of individuals is protected.

Main characteristics of Criminal Law

  • It is a very important and highly relevant branch of Law.
  • Study Law and Punishment.
  • It aims to protect society from criminals, but also to ensure that people accused of a crime have fundamental rights that are respected.
  • A series of sanctions are established for those who commit a crime.
  • Guarantees the fundamental rights of people accused of a crime.

Sources of Criminal Law: the Law

One of the main pillars on which Criminal Law is based is the Law. The Law is the fundamental norm that establishes the behaviors that are punishable and the corresponding sanctions.

In addition, the Law has a general character, that is, it applies to all individuals in society. For this reason, it is a very important source of Criminal Law.

The other two main sources of Criminal Law are Constitutional Law and International Law. Constitutional Law establishes the fundamental rights of individuals, which must be respected both in criminal matters and in other areas of law.

International Law establishes the rules that regulate relations between States. For this reason, it is a very important source in Criminal Law.

Clasificación de los delitos: tipos

Crimes can be classified in various ways, depending on their seriousness, the behaviors they typify or the sanctions they establish.

In general, two large classes of crimes can be distinguished: serious and minor. Serious crimes are those that typify very serious conduct, such as murder or robbery with violence.

Minor crimes are those that typify less serious conduct, such as theft or reckless driving.

In addition, crimes can be classified according to the behaviors they typify. Thus, two large groups can be distinguished: crimes against property and crimes against people.

Crimes against property are those that typify conduct that harms or endangers the right to property. For example, theft or robbery.

Crimes against people are those that classify behaviors that injure or endanger the physical or mental integrity of people. For example, murder or sexual abuse.

Finally, crimes can be classified according to the sanctions that are established. Thus, three large groups can be distinguished: minor, serious and very serious crimes.

Minor crimes are those that establish lesser sanctions, such as the payment of a fine or house arrest.

Serious crimes are those that establish higher penalties, such as imprisonment or the payment of compensation.

Very serious crimes are those that establish extreme sanctions, such as the death penalty or lifelong disqualification.

The criminal action: beginning and end

Criminal action is the procedure by which people who have committed a crime are investigated and punished.

The criminal action begins when the victim or a third party files a complaint with the competent authority. The competent authority is the body in charge of investigating and punishing crimes.

The end of the criminal action occurs when a conviction is handed down against the people who have committed a crime. The conviction can be imprisonment, a fine or disqualification.

Fundamental rights in Criminal Law

In Criminal Law there are a series of fundamental rights that must be respected. These rights are established in Constitutional Law and International Law.

These rights include the right to be presumed innocent, the right to a fair trial, and the right to a defense.

The right to the presumption of innocence is the right of every person to be considered innocent until proven otherwise. For this reason, people cannot be sentenced without a prior trial in which all the evidence has been heard.

The right to a fair trial is the right of every person to be judged in accordance with current laws and with respect for their Human Rights. For this reason, the trial must be impartial and the sanctions must be based on the seriousness of the crime.

The right to defense is the right that every person has to defend himself in court. The defense can be carried out by a lawyer or by a legal representative.

computer crimes

In recent years, there has been an increase in cybercrime. Computer crimes are those that are committed through the use of information technology.

The main forms of cybercrime are:

Data theft: consists of the theft or theft of data that is stored on a computer.

Computer fraud: consists of the use of information technology with the aim of obtaining an illegal economic benefit.

Cyberbullying: consists of sending threatening or insulting messages over the Internet.

Cybercrime: consists of committing a crime through the Internet.

Ecological crimes

In recent years, there has been an increase in ecological crimes. Ecological crimes are those committed against the environment.

The main types of ecological crimes are:

Damage to the environment: consists of the destruction, deterioration or pollution of the environment.

Theft of materials: consists of the theft or theft of materials that are used for the protection of the environment.

Illegal extraction of natural resources: consists of the illegal extraction of natural resources, such as oil or gas.

The contamination of rivers and lakes: it consists of the contamination of rivers and lakes with toxic substances.

Illegal felling of trees: consists of illegal felling of trees.

Penalties in Criminal Law

In Criminal Law there are a series of penalties that can be imposed on people who have committed a crime.

The main penalties are imprisonment, fine and disqualification.

Prison is the sentence imposed on people who have committed a serious crime. The duration of the prison can be from one month to 30 years.

The fine is the penalty imposed on people who have committed a minor or medium crime. The amount of the fine can be from 100 euros to 30,000 euros.

Disqualification is the penalty imposed on people who have committed a serious crime. The duration of the disqualification can be from two months to 30 years.

sexual crimes

In Criminal Law there are a series of sexual crimes that can be imposed on the people who have committed them.

The main sexual crimes are sexual abuse, statutory rape and child pornography.

If you have doubts, contact us, a specialized lawyer will assist you and clear your doubts, the consultation is completely free.

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