Criminal Law and Criminal Procedure
Substantive criminal law
Start with the principle of legality: no crime or punishment without a clear legal basis, with strict interpretation and no analogy against the accused. Know the elements of an offence: the legal element, the material element (act, omission where a duty to act exists), and the moral element (intent, or negligence where the statute allows). Study the grounds of justification (self-defence, necessity, lawful authority) and excuse (error, minority, mental disorder), and the rules on attempt and participation (co-author, accomplice, instigator).
Penalties and their application
Understand the sentencing framework, suspended sentences, probation, community service, and the rules on recidivism and concurrence of offences. Know the statutes of limitation for prosecution and for enforcement.
Procedure
Master the phases: investigation (police, investigating judge, judicial inquiry), the pre-trial chamber, the trial court, and appeal. Know the rights of the defence, the presumption of innocence, the right to silence, and the exclusion of unlawfully obtained evidence, which is not automatic: courts weigh reliability, the seriousness of the violation, and the effect on fair trial.
Key procedural concepts
Distinguish the public prosecutor's role from the investigating judge's. Know arrest and detention rules, the maximum periods, and the role of the indictment chamber. Understand the difference between a complaint with civil party claim and a simple complaint.
Traps
Questions test whether a fact is justification or excuse, whether attempt is punishable for a given offence, and whether the limitation period was interrupted. Watch for confusion between detention for questioning and pre-trial detention.
Worked example
If an accused confesses after an unlawful search, the confession is not automatically void. The court asks whether the breach affected the reliability of the evidence and the fairness of the trial. If the confession is corroborated, it may be admitted; if it flows directly from the illegality, exclusion is likely.