Criminal Law and Criminal Procedure
What to master
In substantive law, learn the elements of an offence (actus reus, mens rea, unlawfulness), stages (preparation, attempt, completed offence), participation (principal, organizer, instigator, accomplice), justifications and excuses (self-defence, necessity, duress), circumstances aggravating or mitigating liability, and the statute of limitations for criminal liability. In procedure, learn the presumption of innocence, the rights of the suspect/accused (counsel, silence, access to the file), pre-trial investigation, coercive measures, trial, and appeal.
Traps to expect
- Attempt vs. preparation: attempt begins when the person directly starts the criminal act; preparation is earlier conduct. Questions hinge on the boundary.
- Justification vs. excuse: self-defence justifies the act (it is lawful); duress may only excuse the actor. The legal consequence differs.
- Presumption of innocence: doubts are resolved in favour of the accused; a question suggesting the accused must prove innocence is wrong.
- Coercive measures: detention and search require the legally prescribed authorization; procedural shortcuts invalidate evidence.
Rule of thumb
Analyse any offence with E-S-J-P: Elements (actus reus and mens rea), Stage (preparation/attempt/completed), Justification (self-defence? necessity?), Participation (who did what). This ordering catches most scenario questions.
Worked example
A person buys tools and studies a building but is stopped before entering. This is preparation, not attempt, because the criminal act had not directly begun. Criminal liability for preparation arises only where the law so provides; otherwise no liability for the completed offence.