Criminal Law and Criminal Procedure
Core rules
The Criminal Code of 2014 defines a crime as a culpable, socially dangerous act prohibited by the Code under threat of punishment. Liability requires the four elements: object, objective side, subject and subjective side. General criminal liability begins at 16; from 14 it applies to a listed set of grave crimes, including murder, kidnapping, rape, theft, robbery and some drug offences. Guilt forms are direct and indirect intent, and negligence in the forms of light-mindedness and carelessness. Complicity, attempt and preparation follow statutory rules, and punishment must be proportionate.
The Criminal Procedure Code of 2014 governs detection, investigation and trial. Key principles include legality, presumption of innocence, adversariality, the right to defence and the privilege against self-incrimination. A suspect must be informed of rights. Detention without court authorisation is limited to 72 hours. Defence counsel may participate from the moment of detention or first questioning. Mandatory defence applies to juveniles, persons unable to defend themselves, and cases carrying heavy punishment. Evidence obtained unlawfully is inadmissible.
Worked example
A 15-year-old is detained for theft. The investigator takes a confession without a lawyer and without a legal representative. Issue: is the confession admissible? The accused is a juvenile, so defence is mandatory and must begin from detention. The absence of counsel and a representative breaches procedural guarantees. The confession is inadmissible, and the advocate moves to exclude it and to verify the lawfulness of detention. Theft is among offences for which a 14-year-old may be liable, so age does not exclude liability, but procedure still matters.
Traps
Do not say all 14-year-olds are immune; only listed offences apply. Do not treat a confession as conclusive. Do not confuse detention with a court-ordered restraint measure. Do not miss mandatory defence or the right to remain silent.