Criminal Law and Criminal Procedure
What the exam tests
Criminal law tests the Criminal Code of 2014: crime elements, guilt, complicity, punishment and exemptions. Criminal procedure tests the Criminal Procedure Code of 2014: pre-trial investigation, trial, evidence and remedies.
Core rules
- A crime has four elements: object, objective side, subject and subjective side. Guilt is intentional or negligent; objective imputation is prohibited.
- The presumption of innocence applies: doubt is interpreted in favour of the accused, and the prosecution bears the burden of proof.
- Punishment must be lawful, proportionate and individualised; the court considers gravity, motive, consequences and mitigating or aggravating circumstances.
- Criminal procedure distinguishes pre-trial investigation and trial. The court is not a prosecution body; it decides on the basis of evidence presented in court.
- Coercive measures such as detention require judicial authorisation or strict statutory grounds. Evidence obtained in breach of the CPC is inadmissible.
- The victim has procedural rights; reconciliation and exemption from liability are possible only on statutory grounds.
Worked example
A person takes another's phone in a crowded market. The court examines intent: was there an intent to steal permanently, or only temporary use? Theft requires intent to appropriate. If the evidence shows a joke return within minutes, the subjective side of theft is absent; another offence may apply, but not theft.
Traps
- Applying criminal liability without proving the subjective side.
- Ignoring procedural violations that make evidence inadmissible.
- Confusing exemption from liability with exemption from punishment.