The concept of criminal lawAny state must protect its citizens, because it is provided for in the constitutions of all civilized countries. In this regard, criminal law is an objectively formed branch of jurisprudence. It is necessary to restore justice and punishment for illegal behavior. Criminal law can be viewed from three perspectives - as legislation, science and academic discipline. As legislation, it constitutes a regulatory framework. From the point of view of science, this is all the material that people have accumulated (textbooks, monographs, scientific dissertations, etc.). A discipline is characterized by a combination of means and methods of teaching criminal law at universities and other educational institutions.
Subject
Any independent
branch of law should at a minimum have its own subject and method. Criminal law is
an industry that includes social relations that occur in connection with a crime. Specifically, these are the
types of crimes and punishments for them, criminal liability,
sentencing or other measures of educational influence, exemption from punishment. Other relationships may be included if they are directly included in the subject.
Parts of criminal law
The traditional division into general and special parts has a criminal law. The general part includes the basic principles, tasks, responsibility, the operation of the law in space and time, circumstances that may exclude the crime of the crime. In general, these are the main provisions that form criminal law. A special part is already devoted to specific crimes that are provided for in the law. They can be classified for various reasons. The criminal law is based on the constitutional model, where first it is necessary to protect a person (crimes against the individual, the economy), then society (against public safety and order) and, last but not least, the state (state unlawful acts). Accordingly, the chapters of the Criminal Code are just so divided.
Principles
The most important provisions that apply not only to a particular industry, but also to law in general, are called principles. These are the starting points that are unacceptable to transgress in any situation. There are basic provisions that form criminal law. This is legality, the equality of all before the law, guilt. We will tell you more about each of them. Legality is a general legal principle that has been adopted by criminal law. This means that any government bodies, organizations and just all people should act only in accordance with the law. In view of this, strict regulations must be unambiguous and not to be interpreted differently. The equality of all is ensured by equal punishment for the same act. Ideally, if the murder, ceteris paribus, was committed by a person without a fixed place of residence, then he should serve the same punishment as a deputy of the Duma who committed a similar crime. Guilt is justified simply: a person is responsible for what he has committed.