Criminal Law and Criminal Procedure
Criminal law
Only conduct defined as a crime by law can be punished. The Criminal Code recognises legality, guilt, equality, justice and humanism. Liability requires the statutory elements, mens rea and capacity. Attempt, complicity and defences such as necessary defence and extreme necessity are regulated. Punishment must be proportionate and individualised.
Criminal procedure
- Presumption of innocence and the privilege against self-incrimination apply.
- The accused has the right to counsel, interpreter, notice of charges and appeal.
- Detention requires statutory grounds and judicial control.
- Evidence obtained through violation of law may be excluded.
Worked example
A person threatens violence and takes a phone from the victim's hand. If the taking was open and force was used to overcome resistance, the conduct points to robbery rather than simple theft. The court must establish the intent, the nature of the force and whether it was used to seize the property. A later return of the phone affects mitigation, not the completed offence.
Traps
Do not reclassify offences without checking all elements. Procedural nullities can overturn a conviction regardless of guilt. Statutes of limitation and amnesty must be checked. The victim's forgiveness does not automatically terminate a public prosecution.