Criminal Law and Criminal Procedure
Core concepts
In substantive criminal law, grasp the elements of an offence (обект, обективна страна, субект, субективна страна), the distinction between intent and negligence, and the grounds excluding liability such as self-defence and necessity. Know the rules on complicity, attempt, and the statute of limitations. In criminal procedure, understand the phases: pre-trial investigation, prosecution, trial, and appeal. Master the rights of the accused, the rules on pre-trial detention, and the exclusionary rule for unlawfully obtained evidence.
Traps in questions
- Attempt is punishable only where the completed offence carries a penalty; do not assume attempt is always punishable.
- Pre-trial detention has strict maximum durations and requires judicial control; administrative detention is a different institution.
- Distinguish the prosecutor's supervisory role from the court's adjudicatory role - the prosecutor does not convict.
- Negligence requires a duty of care and foreseeability; mere causation without fault is not enough.
Worked example
A defendant confesses after being held without judicial authorization. Rule of thumb: evidence obtained in violation of procedural guarantees is excluded, and the confession cannot ground a conviction unless corroborated by independent lawful evidence.