Criminal Law and Criminal Procedure
Substantive criminal law
Criminal liability requires an act, wrongfulness, guilt, and capacity. Know the structure of an offence (actus reus and mens rea), forms of guilt (intent and negligence), stages of crime (preparation, attempt, completed offence), complicity (perpetrator, organizer, instigator, accomplice), and circumstances excluding liability (self-defence, necessity, detention of offender, duress).
Penalties include fines, community work, restriction of liberty, imprisonment, and life imprisonment. Understand cumulative and concurrent sentencing rules, suspended sentences, and the statute of limitations for prosecution.
Procedural framework
The Criminal Procedure Code governs investigation, prosecution, and trial. Key actors: investigator, prosecutor, defence counsel, court. Core principles: presumption of innocence, adversarial trial, right to defence, right to remain silent, prohibition of torture, and ne bis in idem.
Know the coercive measures: detention, arrest, search, seizure, and the judicial authorisation required for measures restricting constitutional rights. Preventive measures range from undertaking not to leave to custody.
Traps
- Confusing attempt (intent to complete, act begun) with preparation (creating conditions).
- Mixing self-defence (proportionate response to unlawful attack) with necessity (averting danger from any source).
- Forgetting that evidence obtained unlawfully is generally inadmissible.
- Assuming the prosecutor can impose custody without court approval.
Rule of thumb
For any scenario, ask: is there an act? Is it unlawful? Is the person guilty and capable? Are there grounds excluding liability? Only then move to the procedural question of what measures are lawful.