Criminal Law and Criminal Procedure: Elements, Defences, and Phase Logic
Substantive criminal law
The central concepts are the legal definition of the offence (legality, strict interpretation), the material element (act or omission, causation), and the moral element (intention, negligence). You must know the distinction between attempt and preparation, between co-perpetration, complicity, and aiding, and the rules on corporate criminal liability. Study the grounds of justification (self-defence, necessity, lawful authority, consent where admissible) and the grounds of excuse (minority, mental disorder, intoxication, error). Know the rules on cumulative offences, recidivism, and the statute of limitations for prosecution and for punishment. Sentencing requires understanding the purposes of punishment, suspended sentences, probation, and the role of the sentencing judge.
Procedural phases
Criminal procedure follows a clear sequence: investigation by police under the direction of the prosecutor, possible judicial investigation with an investigating judge, pre-trial detention and its review, referral to the trial court, trial, and appeal. Master the rights of the defence: access to the file, assistance of counsel, the presumption of innocence, the right to silence, and the nullity of irregular acts. Know the roles of the prosecutor, the investigating judge, the trial court, and the jury where applicable. Distinguish the information phase from the instruction phase, and know when a suspect becomes an accused.
Traps
Questions frequently confuse nullity of procedure with exclusion of evidence, or test whether a given act requires a warrant. Watch for the difference between detention for questioning and pre-trial detention, and between the deadlines for each.
Worked rule
If a search occurs without a warrant, ask first whether an exception applies (consent, flagrant offence, urgency), then whether the irregularity caused prejudice, and only then whether exclusion follows.