Criminal Law and Criminal Procedure
Scope of the domain
The criminal section tests the 1999 Criminal Code and the 2009 Criminal Procedure Code. It examines general doctrines of crime and the adversarial criminal process: investigation, prosecution, judicial control of coercive measures, trial, jury trial for certain grave offences, plea agreements and appeals.
Core rules
- Legality is strict: no crime and no punishment without a prior statutory definition. Analogy against the accused is prohibited.
- Criminal liability requires a voluntary act, unlawfulness, guilt and the subjective element required by the offence. Intent covers the act and the prohibited result; negligence is punishable only where the Code says so.
- Preparation, attempt and completed crime are distinct. Attempt begins when the person directly starts committing the offence; preparation alone generally is not punishable except in specific cases.
- Self-defence requires an ongoing unlawful attack and proportionate force. Necessity requires an imminent danger that cannot be avoided otherwise and a proportionate interest.
- Pre-trial detention and other coercive measures require judicial authorization. The accused has the right to counsel, to silence, to challenge evidence and to appeal detention decisions.
- A guilty-plea agreement is subject to court scrutiny; the court must verify voluntariness, factual basis and proportionality.
Worked example
D, a shopkeeper, sees V leaving with goods. D chases and catches V after V drops the bag and raises his hands. D strikes V twice, causing injury. D is charged with battery and pleads self-defence. Reasoning: the unlawful attack had ended when V dropped the bag and raised his hands. Force used after that point is retaliation, not defence. A citizen's arrest may permit limited force, but the force must be necessary and proportionate; two blows to a passive person exceed that limit. D's plea fails.
Traps
Do not confuse preparation with attempt: the dividing line is the direct commencement of the act. Complicity requires intentional joint participation, not mere knowledge or presence. In procedure, distinguish evidentiary nullity from the weight of evidence. Missed appeal or detention-review deadlines are fatal. Remember that the presumption of innocence shapes both trial and pre-trial detention arguments.