The document discusses three types of inchoate offenses: criminal attempt, criminal conspiracy, and criminal abetment. It provides definitions and explanations of each offense. Criminal attempt involves acts done toward committing a crime that fail to complete the crime. Criminal conspiracy involves two or more people agreeing to commit a crime. Criminal abetment involves instigating or assisting another person to commit a crime. Lesser punishments are imposed for inchoate offenses than completed crimes.
Criminal liability requires an actus reus (guilty act) and mens rea (guilty mind). An act must be forbidden by law and committed intentionally or knowingly to constitute a crime. There are different stages of a crime - intention, preparation, attempt, and commission - but only the last where the criminal consequences are realized is punishable. The measure of criminal liability considers the motive, magnitude of the offense, and character of the offender. Common types of punishment include imprisonment, fines, and in some places corporal or capital punishment. The objectives of punishment are deterrence, prevention, reformation, and retribution, as well as compensation for victims.
The document discusses concepts of crime and punishment. It defines a crime as an act or omission forbidden by law and punishable by the state after a legal procedure. Two principles of criminal liability are that one must commit a forbidden act and omissions are not liable unless a duty exists. The essential elements of a crime are the guilty act (actus reus) and guilty mind (mens rea). Actus reus includes a human action, resulting injury, and a prohibited act. Mens rea includes intention, motive, knowledge, recklessness, and negligence. A person can be criminally liable for foreseeable consequences of their acts even if indirectly participating. The stages of a crime are intention, preparation, attempt,
Criminal Justice System - Review 2022.pptxLloydrafael
The criminal justice system of the Philippines consists of five pillars - law enforcement, prosecution, courts, corrections, and the community. The law enforcement pillar is the first contact for offenders through detecting crimes and making arrests. The prosecution pillar then conducts preliminary investigations and inquests to determine if there is probable cause. If so, a case is filed in court. Courts make determinations of guilt or innocence. If an offender is found guilty, they serve their sentence in the corrections pillar. Upon release, offenders reintegrate into society in the community pillar. This process aims to achieve both justice and crime control according to the Philippine Constitution.
This document provides an overview of the key concepts of criminal liability under Malaysian law, including the definition of a crime, elements of a crime (actus reus and mens rea), and discussions of actus reus. It defines a crime and notes that every crime has its own specific definition. It explains that for criminal liability to exist, there must generally be an unlawful act (actus reus) accompanied by a blameworthy state of mind (mens rea). The document then discusses actus reus in depth, including that it can involve an act, omission, or circumstance, and must be voluntary. It provides examples of when an omission can form the basis of criminal liability and discusses the defense of automat
Lecture-1, Crime and Criminal, types of crime, classification of crimeManzoor86
In this lecture, I will explain the definition of crime , elements of crime, classification and types of crime.
What is crime and its elements
what is crime and types of crime
Defining crime is very important in CSS criminology for competitive examination. In today's lecture, I will teach the aspirants about crime, various definitions of crime, elements of crime and will discuss actus Reus, Mens Rea and will explain the elements of crime. We will also discuss classification of crime and understand infractions, misdemeanors and felonies. In the later part of the lecture, I will discuss types of crime and will explain crime against person, crime against property, inchoate crime, statuary crime, white collar crime, organized crime and cyber crime.
Criminal liability requires an actus reus (guilty act) and mens rea (guilty mind). An act must be forbidden by law and committed intentionally or knowingly to constitute a crime. There are different stages of a crime - intention, preparation, attempt, and commission - but only the last where the criminal consequences are realized is punishable. The measure of criminal liability considers the motive, magnitude of the offense, and character of the offender. Common types of punishment include imprisonment, fines, and in some places corporal or capital punishment. The objectives of punishment are deterrence, prevention, reformation, and retribution, as well as compensation for victims.
The document discusses concepts of crime and punishment. It defines a crime as an act or omission forbidden by law and punishable by the state after a legal procedure. Two principles of criminal liability are that one must commit a forbidden act and omissions are not liable unless a duty exists. The essential elements of a crime are the guilty act (actus reus) and guilty mind (mens rea). Actus reus includes a human action, resulting injury, and a prohibited act. Mens rea includes intention, motive, knowledge, recklessness, and negligence. A person can be criminally liable for foreseeable consequences of their acts even if indirectly participating. The stages of a crime are intention, preparation, attempt,
Criminal Justice System - Review 2022.pptxLloydrafael
The criminal justice system of the Philippines consists of five pillars - law enforcement, prosecution, courts, corrections, and the community. The law enforcement pillar is the first contact for offenders through detecting crimes and making arrests. The prosecution pillar then conducts preliminary investigations and inquests to determine if there is probable cause. If so, a case is filed in court. Courts make determinations of guilt or innocence. If an offender is found guilty, they serve their sentence in the corrections pillar. Upon release, offenders reintegrate into society in the community pillar. This process aims to achieve both justice and crime control according to the Philippine Constitution.
This document provides an overview of the key concepts of criminal liability under Malaysian law, including the definition of a crime, elements of a crime (actus reus and mens rea), and discussions of actus reus. It defines a crime and notes that every crime has its own specific definition. It explains that for criminal liability to exist, there must generally be an unlawful act (actus reus) accompanied by a blameworthy state of mind (mens rea). The document then discusses actus reus in depth, including that it can involve an act, omission, or circumstance, and must be voluntary. It provides examples of when an omission can form the basis of criminal liability and discusses the defense of automat
Lecture-1, Crime and Criminal, types of crime, classification of crimeManzoor86
In this lecture, I will explain the definition of crime , elements of crime, classification and types of crime.
What is crime and its elements
what is crime and types of crime
Defining crime is very important in CSS criminology for competitive examination. In today's lecture, I will teach the aspirants about crime, various definitions of crime, elements of crime and will discuss actus Reus, Mens Rea and will explain the elements of crime. We will also discuss classification of crime and understand infractions, misdemeanors and felonies. In the later part of the lecture, I will discuss types of crime and will explain crime against person, crime against property, inchoate crime, statuary crime, white collar crime, organized crime and cyber crime.
This document discusses criminal law and punishment in the Philippines. It covers several key points:
1) Criminal law defines crimes and provides for their punishment. Punishment comes from the state's police power and seeks to redress harm to the public, not just individuals.
2) Punishment has both absolute and relative theories - the absolute is retributive justice while the relative aims to prevent further crimes and reform the offender.
3) Only Congress can enact penal laws, which must be generally applicable and not ex post facto or bills of attainder. Penal laws apply to all crimes within Philippine territory.
4) A repeal of a penal law can be absolute if the crime is decriminalized
This document defines the key elements of crime under Canadian law. It outlines that a crime is any prohibited act or omission punishable by statute. There are typically four conditions for an act to be considered a crime: it is wrong by societal standards, causes harm, the harm is serious, and is handled by the criminal justice system. It also discusses the distinction between federal and provincial criminal laws. To convict someone, the Crown must prove the guilty act (actus reas) and guilty mind (mens rea) existed at the time of the offense. Mens rea can include intent, knowledge, criminal negligence, recklessness, or willful blindness. Strict and absolute liability offenses do not require proving mens rea.
This document provides definitions and explanations of key concepts related to crimes under the Indian Penal Code, including:
- Crime is defined as any act that violates public law and is punishable by the state. Tort refers to civil wrongs that are redressable through unliquidated damages claims rather than criminal punishment.
- Mens rea requires a guilty mind or criminal intent for an act to constitute a crime.
- The offenses of rioting and affray are explained, with rioting requiring 5 or more persons using force with a common objective, while affray involves 2 or more persons fighting in a public place disturbing the peace.
- Abetment involves instigating, conspiring, or
Criminal Law 1 ppt..........................................HuzzainPangcoga
Criminal law is the branch of public law that defines crimes and provides for their punishment. There are three types of offenses under Philippine law: felonies punishable by the Revised Penal Code, offenses punishable by special penal laws, and infractions punishable by city ordinances. A crime is defined as an act committed or omitted in violation of public law. Criminal law has general characteristics such as applying to all persons in the Philippines regardless of status and only applying to acts committed within Philippine territory, with some exceptions. Theories of criminal law include the classical theory which focuses on retribution based on free will, and the positivist theory which sees crime as a social phenomenon and focuses on offender reformation.
The document discusses several Latin legal maxims:
1) Actio personalis moritur cum persona - A personal right of action dies with the person. It means some legal actions cannot be brought after a party's death. Exceptions include defamation, assault, and personal damages.
2) Actus non facit reum nisi mens sit rea - An act does not make a person guilty unless the mind is also guilty. It requires both an illegal act (actus reus) and a blameworthy mental state (mens rea) for a crime. Exceptions include strict liability offenses and public nuisances.
3) Audi alteram partem - No one should be condemned
Esguerra Lecture on Top 25 Criminal Law Bar Topics (1979-2007)Lawrence Villamar
This document summarizes key issues in criminal law that frequently appear on the Philippine Bar Examinations from 1979 to 2007. It discusses three main topics: 1) proximate cause and the stages of committing a crime, 2) frustrated and attempted felonies, and 3) conspiracy. For proximate cause, it defines the concept and provides examples. For stages of committing a crime, it defines attempted, frustrated, and consummated crimes and their elements. For conspiracy, it discusses the agreement between two or more persons to commit a felony and the participation needed.
1 CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE.pptxADMINJAGO
The document discusses Philippine penal laws and requirements of criminal law. It covers the principle of legality, publication of penal laws, sources of penal laws including the Revised Penal Code and special laws. It also discusses the differences between mala in se and mala prohibita crimes. Specific crimes covered include arbitrary detention, delay in delivering detained persons, delaying release, violation of domicile, and prohibition of peaceful meetings.
This document is a presentation by Group 6 on criminal law and procedure. It covers several topics:
1) It introduces the group members and outlines the topics to be discussed, including crimes, the criminal process, and crimes that harm business or are committed by businesses.
2) For the first topic, it discusses the differences between civil and criminal law, how conduct becomes criminalized, the roles of prosecutors, juries, punishments for felonies versus misdemeanors.
3) It then covers the prosecution's burden in criminal cases to prove the defendant's conduct was unlawful, their intent, and potential defenses like insanity.
4) Later sections address specific crimes like larceny,
Due process is a fundamental constitutional right that ensures fairness in the criminal justice system. It requires that the government respect all legal rights that are owed to a person according to the fair administration of justice. This includes fair notice of what conduct is prohibited and equal treatment under the law. Due process helps to protect against arbitrary or unfair treatment by the government.
The due process clause of the Fifth and Fourteenth Amendments requires that the government respect all legal rights that are "due" to an individual. This helps guarantee fair treatment through the criminal justice process and prevents the government from arbitrarily taking away someone's life, liberty, or property. Due process is crucial for protecting civil liberties and ensuring a just criminal justice system.
Criminal Conspiracy - Naroda Patiya Judgementsabrangsabrang
This document discusses the legal aspects of criminal conspiracy under Indian law. It provides definitions and requirements for criminal conspiracy according to Section 120A of the Indian Penal Code. A criminal conspiracy involves an agreement between two or more persons to commit an illegal act or commit a legal act through illegal means. There must be evidence of a common intention or plan to achieve an unlawful purpose. Conspiracy can be difficult to prove through direct evidence, as it involves mental processes and secret agreements, so circumstantial evidence is also accepted. All conspirators are jointly liable for offenses committed in furtherance of the conspiracy.
This document summarizes the categories of general defense in criminal law. It discusses excuses and justifications as two types of general defense that can exculpate a defendant. It then outlines various excusable defenses including mistake, infancy, insanity, and intoxication. For each defense, it provides details on how they exonerate criminal liability under the law. It discusses the relevant sections from the Muluki Penal Code and also summarizes a court case dealing with an insanity defense.
2620161Crime and Criminal LawChapter 5Crime .docxvickeryr87
2/6/2016
1
Crime and Criminal Law
Chapter 5
Crime and Criminal Law
• Criminal law (substantive law)
– Law of crimes
• Defined by statute
– Prescriptions
– Proscriptions
• Code of conduct all are expected to follow
– Enforced by state
• Primary purpose is protecting public from harm
by punishing harmful acts that have occurred and
forbidding conduct that may lead to it
What is Crime?
• Tappan (1947)
– “…an intentional act in violation of the criminal law
committed without defense or excuse, and penalized
by the state”
1. An act in violation of
2. A criminal law for which
3. A punishment is prescribed
4. The person committing this action must have
intended to do so
5. And to have done so without any legally
acceptable defenses or justifications
2/6/2016
2
Crime as a Subset of Harmful Acts
Core offenses
All crimes
All social harm
All harms
Sources of Criminal Law
• State and federal constitutions
• State and federal statutes
– New crimes added as circumstances warrant
• Common law
– Codified in most states by mid‐1800s
• Federal law is growing source of criminal law
• Statutes define elements (various parts) of a
crime more specifically than common law
Limitations on Criminal Law
• State cannot criminalize any conduct it chooses
• Substantive due process
– There are limits to what conduct the law may seek to
prohibit
• Forbids passage of laws that infringe on rights of
individuals
– Free speech
– Assembly
• Is underlying theory for privacy rights
2/6/2016
3
Limitations on Criminal Law
• Overbreadth doctrine
– Laws unconstitutional when they fail to narrowly
define specific behavior to be restricted
• Void for vagueness
– Laws unconstitutional when they fail to clearly
define prohibited act and punishment in advance
• Fair notice
– Letting people know what is and is not permitted
Limitations on Criminal Law
• Must not restrict due process
– Must be enforced fairly and non‐arbitrarily
• Must not restrict equal protection
– Laws cannot restrict rights of members of suspect
classifications
• Cruel and unusual punishment
– Punishments must be proportional to the crime
– Jurisdictions not required to punish in same
manner
Limitations on Criminal Law
• Ex post facto laws
– Cannot be penalized for behavior that was not
illegal at time they acted
– Penalties cannot be increased after crime has
been committed
– Do apply retroactively if they are beneficial
• Bills of attainder
– Cannot have laws that impose punishment
without trial
2/6/2016
4
Elements of Criminal Offenses
• Elements that must be present for criminal
liability to attach:
– Actus reus
– Mens rea
– Concurrence
– Causation
– Harm
• All make up corpus delecti
Actus Reus (Criminal Act)
• The guilty act
• Three forms
– Voluntarily bodily movements
– An omission in the face of a duty to act
• Failure to perform legal duty
• Failure to prevent harm when special relationship exists
– Possession
• If person has .
This document discusses attempt and criminal conspiracy under Indian law. It defines attempt as intentionally committing an act towards a crime but falling short of completing it. There are three essential elements for an attempt: intention to commit a crime, an act in furtherance of that intention, and the act falling short of completion. The document outlines different tests used to distinguish attempt from mere preparation, including proximity, res ipsa loquitur, equivocality, and locus poenitentiae. Various criminal offenses under the IPC that include attempt provisions are also listed.
Criminal law aims to protect persons and property, deter criminal behavior, punish criminal conduct, and rehabilitate criminals. Cyber crime consists of crimes committed using computers, which are prosecuted under existing laws like the Computer Fraud and Abuse Act as well as newer laws. To be convicted, the prosecution must prove beyond a reasonable doubt that the defendant committed a prohibited act with the specified criminal intent or mental state. Corporations can be held liable for crimes committed by employees in the scope of their work.
Criminal law 101 provides an overview of key concepts in criminal law. It defines criminal law and discusses characteristics like being generally binding and having prospective effect. It also outlines sources of criminal law like the Revised Penal Code. Crimes are further categorized as being against persons or properties. The basic elements of a crime are also defined, including actus reus, mens rea, concurrence, and causation. Crimes can be classified as felonies, misdemeanors, malum in se, or malum prohibitum. The stages in committing a crime and theories of criminal law like the classical and positivist approaches are also summarized. Penalties and levels of participation like principals, accomplices and accessories
Tort refers to a civil wrong or injury, such as negligence, that results in damages but is not a criminal act. It comes from the French word "tortum" meaning "to twist." A crime is an act that breaks the law and defies societal morals. The key differences are that torts involve less serious wrongs than crimes and usually result from negligence rather than intent. Tort cases are handled in civil court while criminal cases are handled in criminal court. Compensation in tort is based on damages while criminal punishment is pre-defined by law. Tort is also less codified than crime.
This document discusses the differences between tort, crime, and breach of contract. It defines tort as the infringement of private or civil rights belonging to individuals, resulting in less serious wrongs. Crime is defined as the violation of public rights and duties that affect the community. Key differences include: torts deal with private wrongs while crimes are public wrongs; tort suits can be filed by injured parties while crime prosecutions are brought by the state; torts remedy is compensation while crimes remedy is punishment. Breach of contract results from duties parties undertake themselves, while tort duties are imposed by law.
This document discusses criminal law and punishment in the Philippines. It covers several key points:
1) Criminal law defines crimes and provides for their punishment. Punishment comes from the state's police power and seeks to redress harm to the public, not just individuals.
2) Punishment has both absolute and relative theories - the absolute is retributive justice while the relative aims to prevent further crimes and reform the offender.
3) Only Congress can enact penal laws, which must be generally applicable and not ex post facto or bills of attainder. Penal laws apply to all crimes within Philippine territory.
4) A repeal of a penal law can be absolute if the crime is decriminalized
This document defines the key elements of crime under Canadian law. It outlines that a crime is any prohibited act or omission punishable by statute. There are typically four conditions for an act to be considered a crime: it is wrong by societal standards, causes harm, the harm is serious, and is handled by the criminal justice system. It also discusses the distinction between federal and provincial criminal laws. To convict someone, the Crown must prove the guilty act (actus reas) and guilty mind (mens rea) existed at the time of the offense. Mens rea can include intent, knowledge, criminal negligence, recklessness, or willful blindness. Strict and absolute liability offenses do not require proving mens rea.
This document provides definitions and explanations of key concepts related to crimes under the Indian Penal Code, including:
- Crime is defined as any act that violates public law and is punishable by the state. Tort refers to civil wrongs that are redressable through unliquidated damages claims rather than criminal punishment.
- Mens rea requires a guilty mind or criminal intent for an act to constitute a crime.
- The offenses of rioting and affray are explained, with rioting requiring 5 or more persons using force with a common objective, while affray involves 2 or more persons fighting in a public place disturbing the peace.
- Abetment involves instigating, conspiring, or
Criminal Law 1 ppt..........................................HuzzainPangcoga
Criminal law is the branch of public law that defines crimes and provides for their punishment. There are three types of offenses under Philippine law: felonies punishable by the Revised Penal Code, offenses punishable by special penal laws, and infractions punishable by city ordinances. A crime is defined as an act committed or omitted in violation of public law. Criminal law has general characteristics such as applying to all persons in the Philippines regardless of status and only applying to acts committed within Philippine territory, with some exceptions. Theories of criminal law include the classical theory which focuses on retribution based on free will, and the positivist theory which sees crime as a social phenomenon and focuses on offender reformation.
The document discusses several Latin legal maxims:
1) Actio personalis moritur cum persona - A personal right of action dies with the person. It means some legal actions cannot be brought after a party's death. Exceptions include defamation, assault, and personal damages.
2) Actus non facit reum nisi mens sit rea - An act does not make a person guilty unless the mind is also guilty. It requires both an illegal act (actus reus) and a blameworthy mental state (mens rea) for a crime. Exceptions include strict liability offenses and public nuisances.
3) Audi alteram partem - No one should be condemned
Esguerra Lecture on Top 25 Criminal Law Bar Topics (1979-2007)Lawrence Villamar
This document summarizes key issues in criminal law that frequently appear on the Philippine Bar Examinations from 1979 to 2007. It discusses three main topics: 1) proximate cause and the stages of committing a crime, 2) frustrated and attempted felonies, and 3) conspiracy. For proximate cause, it defines the concept and provides examples. For stages of committing a crime, it defines attempted, frustrated, and consummated crimes and their elements. For conspiracy, it discusses the agreement between two or more persons to commit a felony and the participation needed.
1 CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE.pptxADMINJAGO
The document discusses Philippine penal laws and requirements of criminal law. It covers the principle of legality, publication of penal laws, sources of penal laws including the Revised Penal Code and special laws. It also discusses the differences between mala in se and mala prohibita crimes. Specific crimes covered include arbitrary detention, delay in delivering detained persons, delaying release, violation of domicile, and prohibition of peaceful meetings.
This document is a presentation by Group 6 on criminal law and procedure. It covers several topics:
1) It introduces the group members and outlines the topics to be discussed, including crimes, the criminal process, and crimes that harm business or are committed by businesses.
2) For the first topic, it discusses the differences between civil and criminal law, how conduct becomes criminalized, the roles of prosecutors, juries, punishments for felonies versus misdemeanors.
3) It then covers the prosecution's burden in criminal cases to prove the defendant's conduct was unlawful, their intent, and potential defenses like insanity.
4) Later sections address specific crimes like larceny,
Due process is a fundamental constitutional right that ensures fairness in the criminal justice system. It requires that the government respect all legal rights that are owed to a person according to the fair administration of justice. This includes fair notice of what conduct is prohibited and equal treatment under the law. Due process helps to protect against arbitrary or unfair treatment by the government.
The due process clause of the Fifth and Fourteenth Amendments requires that the government respect all legal rights that are "due" to an individual. This helps guarantee fair treatment through the criminal justice process and prevents the government from arbitrarily taking away someone's life, liberty, or property. Due process is crucial for protecting civil liberties and ensuring a just criminal justice system.
Criminal Conspiracy - Naroda Patiya Judgementsabrangsabrang
This document discusses the legal aspects of criminal conspiracy under Indian law. It provides definitions and requirements for criminal conspiracy according to Section 120A of the Indian Penal Code. A criminal conspiracy involves an agreement between two or more persons to commit an illegal act or commit a legal act through illegal means. There must be evidence of a common intention or plan to achieve an unlawful purpose. Conspiracy can be difficult to prove through direct evidence, as it involves mental processes and secret agreements, so circumstantial evidence is also accepted. All conspirators are jointly liable for offenses committed in furtherance of the conspiracy.
This document summarizes the categories of general defense in criminal law. It discusses excuses and justifications as two types of general defense that can exculpate a defendant. It then outlines various excusable defenses including mistake, infancy, insanity, and intoxication. For each defense, it provides details on how they exonerate criminal liability under the law. It discusses the relevant sections from the Muluki Penal Code and also summarizes a court case dealing with an insanity defense.
2620161Crime and Criminal LawChapter 5Crime .docxvickeryr87
2/6/2016
1
Crime and Criminal Law
Chapter 5
Crime and Criminal Law
• Criminal law (substantive law)
– Law of crimes
• Defined by statute
– Prescriptions
– Proscriptions
• Code of conduct all are expected to follow
– Enforced by state
• Primary purpose is protecting public from harm
by punishing harmful acts that have occurred and
forbidding conduct that may lead to it
What is Crime?
• Tappan (1947)
– “…an intentional act in violation of the criminal law
committed without defense or excuse, and penalized
by the state”
1. An act in violation of
2. A criminal law for which
3. A punishment is prescribed
4. The person committing this action must have
intended to do so
5. And to have done so without any legally
acceptable defenses or justifications
2/6/2016
2
Crime as a Subset of Harmful Acts
Core offenses
All crimes
All social harm
All harms
Sources of Criminal Law
• State and federal constitutions
• State and federal statutes
– New crimes added as circumstances warrant
• Common law
– Codified in most states by mid‐1800s
• Federal law is growing source of criminal law
• Statutes define elements (various parts) of a
crime more specifically than common law
Limitations on Criminal Law
• State cannot criminalize any conduct it chooses
• Substantive due process
– There are limits to what conduct the law may seek to
prohibit
• Forbids passage of laws that infringe on rights of
individuals
– Free speech
– Assembly
• Is underlying theory for privacy rights
2/6/2016
3
Limitations on Criminal Law
• Overbreadth doctrine
– Laws unconstitutional when they fail to narrowly
define specific behavior to be restricted
• Void for vagueness
– Laws unconstitutional when they fail to clearly
define prohibited act and punishment in advance
• Fair notice
– Letting people know what is and is not permitted
Limitations on Criminal Law
• Must not restrict due process
– Must be enforced fairly and non‐arbitrarily
• Must not restrict equal protection
– Laws cannot restrict rights of members of suspect
classifications
• Cruel and unusual punishment
– Punishments must be proportional to the crime
– Jurisdictions not required to punish in same
manner
Limitations on Criminal Law
• Ex post facto laws
– Cannot be penalized for behavior that was not
illegal at time they acted
– Penalties cannot be increased after crime has
been committed
– Do apply retroactively if they are beneficial
• Bills of attainder
– Cannot have laws that impose punishment
without trial
2/6/2016
4
Elements of Criminal Offenses
• Elements that must be present for criminal
liability to attach:
– Actus reus
– Mens rea
– Concurrence
– Causation
– Harm
• All make up corpus delecti
Actus Reus (Criminal Act)
• The guilty act
• Three forms
– Voluntarily bodily movements
– An omission in the face of a duty to act
• Failure to perform legal duty
• Failure to prevent harm when special relationship exists
– Possession
• If person has .
This document discusses attempt and criminal conspiracy under Indian law. It defines attempt as intentionally committing an act towards a crime but falling short of completing it. There are three essential elements for an attempt: intention to commit a crime, an act in furtherance of that intention, and the act falling short of completion. The document outlines different tests used to distinguish attempt from mere preparation, including proximity, res ipsa loquitur, equivocality, and locus poenitentiae. Various criminal offenses under the IPC that include attempt provisions are also listed.
Criminal law aims to protect persons and property, deter criminal behavior, punish criminal conduct, and rehabilitate criminals. Cyber crime consists of crimes committed using computers, which are prosecuted under existing laws like the Computer Fraud and Abuse Act as well as newer laws. To be convicted, the prosecution must prove beyond a reasonable doubt that the defendant committed a prohibited act with the specified criminal intent or mental state. Corporations can be held liable for crimes committed by employees in the scope of their work.
Criminal law 101 provides an overview of key concepts in criminal law. It defines criminal law and discusses characteristics like being generally binding and having prospective effect. It also outlines sources of criminal law like the Revised Penal Code. Crimes are further categorized as being against persons or properties. The basic elements of a crime are also defined, including actus reus, mens rea, concurrence, and causation. Crimes can be classified as felonies, misdemeanors, malum in se, or malum prohibitum. The stages in committing a crime and theories of criminal law like the classical and positivist approaches are also summarized. Penalties and levels of participation like principals, accomplices and accessories
Tort refers to a civil wrong or injury, such as negligence, that results in damages but is not a criminal act. It comes from the French word "tortum" meaning "to twist." A crime is an act that breaks the law and defies societal morals. The key differences are that torts involve less serious wrongs than crimes and usually result from negligence rather than intent. Tort cases are handled in civil court while criminal cases are handled in criminal court. Compensation in tort is based on damages while criminal punishment is pre-defined by law. Tort is also less codified than crime.
This document discusses the differences between tort, crime, and breach of contract. It defines tort as the infringement of private or civil rights belonging to individuals, resulting in less serious wrongs. Crime is defined as the violation of public rights and duties that affect the community. Key differences include: torts deal with private wrongs while crimes are public wrongs; tort suits can be filed by injured parties while crime prosecutions are brought by the state; torts remedy is compensation while crimes remedy is punishment. Breach of contract results from duties parties undertake themselves, while tort duties are imposed by law.
सुप्रीम कोर्ट ने यह भी माना था कि मजिस्ट्रेट का यह कर्तव्य है कि वह सुनिश्चित करे कि अधिकारी पीएमएलए के तहत निर्धारित प्रक्रिया के साथ-साथ संवैधानिक सुरक्षा उपायों का भी उचित रूप से पालन करें।
Receivership and liquidation Accounts
Being a Paper Presented at Business Recovery and Insolvency Practitioners Association of Nigeria (BRIPAN) on Friday, August 18, 2023.
Safeguarding Against Financial Crime: AML Compliance Regulations DemystifiedPROF. PAUL ALLIEU KAMARA
To ensure the integrity of financial systems and combat illicit financial activities, understanding AML (Anti-Money Laundering) compliance regulations is crucial for financial institutions and businesses. AML compliance regulations are designed to prevent money laundering and the financing of terrorist activities by imposing specific requirements on financial institutions, including customer due diligence, monitoring, and reporting of suspicious activities (GitHub Docs).
The Future of Criminal Defense Lawyer in India.pdfveteranlegal
https://veteranlegal.in/defense-lawyer-in-india/ | Criminal defense Lawyer in India has always been a vital aspect of the country's legal system. As defenders of justice, criminal Defense Lawyer play a critical role in ensuring that individuals accused of crimes receive a fair trial and that their constitutional rights are protected. As India evolves socially, economically, and technologically, the role and future of criminal Defense Lawyer are also undergoing significant changes. This comprehensive blog explores the current landscape, challenges, technological advancements, and prospects for criminal Defense Lawyer in India.
Sangyun Lee, 'Why Korea's Merger Control Occasionally Fails: A Public Choice ...Sangyun Lee
Presentation slides for a session held on June 4, 2024, at Kyoto University. This presentation is based on the presenter’s recent paper, coauthored with Hwang Lee, Professor, Korea University, with the same title, published in the Journal of Business Administration & Law, Volume 34, No. 2 (April 2024). The paper, written in Korean, is available at <https://shorturl.at/GCWcI>.
Business law for the students of undergraduate level. The presentation contains the summary of all the chapters under the syllabus of State University, Contract Act, Sale of Goods Act, Negotiable Instrument Act, Partnership Act, Limited Liability Act, Consumer Protection Act.
Genocide in International Criminal Law.pptxMasoudZamani13
Excited to share insights from my recent presentation on genocide! 💡 In light of ongoing debates, it's crucial to delve into the nuances of this grave crime.
2. • The criminal law punishes not only completed crimes but also short
of completion of crimes this category of uncompleted crimes is often
called Inchoate crimes. The doctrine of inchoate crimes is applied
specifically to three crimes; Attempt, Conspiracy, and Abetment and
incitement.
• In this regard, incomplete criminal conducts raise a question as to
whether it is proper to punish someone who has harmed no one or to
set free determined to commit a crime.
• the criminal law answers the question by imposing lesser penalties
for inchoate crimes than for completed crimes that have been
attempted, abetted, and conspired.
3. • To constitute the crime two elements are always necessary,
namely, mens rea and actus reus. Where there is only mens
rea, there is no crime. A mere evil intent or designed
unaccompanied by any overt act (prohibited act), which is
technically called actus reus, in furtherance of such design, is
not punishable.
• actus reus is necessary to constitute a crime, yet there may be
a crime even where the whole of the actus reus that was
intended has not been consummated.
4. • As a general rule, there is no criminal liability where mens rea
has only been followed by some act that does not no more than
manifest mens rea. Liability begins only at the stage when the
offender has done some act which not only manifests his men
rea but goes some way towards carrying it out. These are
known as “inchoate crimes”.
• Inchoate’ is defined as ‘just begun, undeveloped’. Other
meanings are fundamental, not yet fully formed and so on.
Thus, inchoate crimes refers to those acts which have begun
but which have not reached completion sufficient for the offence
to have been committed.
5. • Crime which are incomplete also may give criminal liability
• Just begun
• Divided – 3 categories
• Common law -Incitement , conspiracy and attempt
• MCC 2074- abetment has been covered – into inchoate offense
• No excused by law
• Only – intensional crimes – motive and intension
• Criminal incitement , criminal conspiracy , criminal preparation ,
criminal attempt , criminal abetment
6. • Partnership in crime
• Withdrawal of any party after the agreement cant liable to get liablity
– but if he or she doesnot report then she /he – liable for – abetment
• Must have communication .
7. • David Ormerod and darl laird
Attempts , conspiracy and assisting and encouraging under the serious
crime act 207are known as inchoate offense.
Inchoate means just begun, incipient , in an initial or early stage.
criminalizing inchoate offense raises particular difficulties because the
conduct involved until often be far removed from the type of harm that
would be needed to give rise to a charge under relevant substantive
offense . The actus reas of inchoate offense can extended to cover
under wide range of behaviour for ex. With and without agreement in
conspiracy , mere word of encouagerment , assisting .
8. Nepalese perspective
• Muluki criminal code 2074
1.Criminal conspiracy
Sec.33. Prohibition of criminal conspiracy:
(1) No person shall make a criminal conspiracy.
(2) Where two or more persons agree to commit, or cause the commission
of, an offence, and any act is done by only one or two of them, they shall be
considered to have committed a criminal conspiracy.
(3) A person who commits, or causes the commission of, a criminal
conspiracy to commit an offence of heinous or grave nature shall, where no
provision is made elsewhere in this Act for a separate punishment for such
conspiracy, be punished as follows:
9. • (a) Where the offence in pursuance of the criminal conspiracy is
committed, punishment imposable if the offence had been
committed,
• (b) Where another offence instead of the offence in pursuance of the
criminal conspiracy is committed and such other offence is committed
in the course of implementation of such conspiracy or as probable
consequence thereof, punishment specified for that offence,
10. • (c) Where any offence in addition to the offence in pursuance of the
criminal conspiracy is also committed and such offence is also
committed in the course of implementation of such conspiracy 18 or
as a probable consequence thereof, additional punishment also for
such offence
• , (d) Where the offence of criminal conspiracy is yet to be completed,
one half of the punishment specified for that offence
11. • Latin word –con and spirare- means –breathe together .
• Indian penal code – 2 or more persons joined and agreed together to do
commit a crime – intended to fulfil their criminal motive .
• Sec . 20 –when two or more persons agree to do or cause to be done 1. an
illegal act or 2.an act which is not illegal by illegal means , which an
agreement is designated a criminal conspiracy , provided that no
agreement except an agreement to commit an offense shall amount to a
criminal conspiracy unless some act besides the agreement is done by one
or more parties to such agreement in pursuance is the explanation , there
of ,explanation , it is immaterial whether the illegal act ultimate object of
such agreement or is merely incidental `to that` object .
12. • 4 stages of crime – we cant demarcate where conspiracy is .
• Cant demarcate what is inside an individual mind – ill will is –unless
actus reas has not come out .
• Preparation stage – putting poision on milk in placed in the table-
crime of homicide ,buying pestrol without the license crime against
arms and ammunition , - half of the punishment .
• Kinds of conspiracy
• 1.simple conspiracy- 2 or more than 2 persons combined together
and makes plans to commit a crime .
13. • Wheel conspiracy
Middleman handles most of the transactions
No need to acquaint each others members of the crime
3. Chain conspiracy
Distinct act within overall plan
Distrubution of something – drugs – stages of manufracturing –import
distribution , sale , consumption .
Persons knows only a communicative members and unknown to others
members .
14. • Conspiracy fraud – common law –fraud act 2006 – infridge private
property .
• Black law dictionary defines conspiracy as
• Civil conspiracy –private property damage /loss to one
• Conspiracy to infridge others intellectual property
• , conspiracy to monopolize the economic market
• Intra enterprise conspiracy – company
• Sedicious conspiracy – to downfall present government
15. • NKP 2061 , PG .662, DECISION NO .7388 Nepal gvt vs bhaikirat rai etal
– homicide case – 10 years imprisonment .nkp
• NKP 2060 VOL. 9/10 PG.851 DEC. NO . 7286 His majesty gvt vs kamal
prasad basyal homicide case
• Nkp 2069 vol . 1 pg. 84 dec. no 8758 jasman limbu vs Nepal gvt –
homicide case
16. CRIMINAL ATTEMPT
-Unsussesful commission of the crime
-An attempt to crime is a actions or group of actions taken in
connection with the execution of an intentional crime that
cannot results in the completion of a crime due to interference,
restraint, obstruction, or other miscellaneous reasons.
- attempt is a post-preparation stage in a crime in which the
perpetrator makes a last effort, both physically and mentally, to
complete the planned crime, but for special reasons, the crime
does not achieve the full result he or she intended. Such a
situation is called attempted crime.
17. • word ‘attempt’, said chief justice Cockburn, clearly conveys with it the idea
that if the attempt had succeeded, the offence charged would have been
committed.
• In other words, attempt is the direct movement towards the commission of
an offence after the preparation has been made.
• According to English law, a person may be guilty of an attempt to commit
an offence, if he does an act which is more than merely preparatory to the
commission of the offence and a person may be guilty or attempt to
commit an offence even though the facts are such that the commission the
offence is impossible.
• Once an act enters into the arena of attempt, criminal liability begins,
because attempt takes the offender very close to the successful
completion of crime and so it is punishable in the law like the completed
offence.
18. • the moral guilt of the offender is the same as though ha had
succeeded.
• Reckless or negligence are irrelevant on the charge of attempt .
• Liable for attempt if his /her activity goes beyond the stage of
preparation.
• Sometimes very difficult to draw between preparation and attempt in
our daily life.
• Attempt is the direct movement towards the commission of an
offence after the preparation is made
19. • It is when an act has gone beyond the stages of
preparation, towards achieving the intention, that law of
attempt begins and criminal liability covers the acts
committed. This is based on the premise that the
attempt, by going beyond the stages of preparation,
takes the offender close to achieving the evil intention or
the crime, and therefore, the very act of attempt ought
to be punished in a manner similar to the completion of
offence itself.
20. •
Preparation punishable in Exceptional cases:-
• 1) Collecting arms, etc, with the intention of waging war against
the Government of Nepal .
• Committing depredation on territories of power or at peace with
the Government of Nepal
• 3) Making or selling or being in possession of instrument for
counterfeiting coin or Government stamps
• 4) Possession of counterfeit coin, Government Stamp, False
weight, or measure.
• 5) Making preparation to commit dacoity
21. • n Abhyanand Mishra v. State of Bihar AIR 1961 SC 1698
Supreme court held that, the movement culprit commences to
do an act with the necessary intention, he commences his
attempt to commit an offence. Such an act need not be the
penultimate act towards the commission of that offence but
must be an act during the course of committing that offence.
22. Appropriate principle to separate from
preparation
• The last stage theory
Perpetrator is guilty of attempt if he or she is at the last stage of
commission of crime.
For ex – following the victim from back with taking knife in hand of
perpetrator and raises his / her hand and strikes at victim.
- Not appropriate to deal with every type of crime.
23. • The proximity theory
-not to be at last stage
- explains is the causal factor which is closes
- it must be sufficiently near the accomplishment of the substantive
offence
3. Substantial theory
-if taken substantial step towards the commission of crime
-Circumstances
The things which he or she is going to accomplish
- Keeping a girl in secret custody , providing false information – may be
substantial step towards commission og girls trafficking .
24. • 4. theory of impossibility of accomplishment
- A stabs b who was already dead 1 hr ago before the stabbing?
- A shoots at sacks in the midnight thinking b who was his enemy.
- A imports some substances in the name of narcotic drugs in fact it
was not drugs in real .
- In these above examples the actual commission of crime is
impossible.
Liable / not liable ? Question of debate .
25. • 5. locus paenitentiae test
-one cannot change plead change of mind who is about to enter into a house
with intension to steal but absconds from scene of crime when he sees that
he was being watched by police officer.
-The Latin expression speaks about time for repentance. In Locus
Poenitentiae the word Locus means, a place,- a word frequently used
to denote the place in or at which some material act or even such as
crime, delict or breach of contract took place. Locus Poenitentiae
means the opportunity to withdraw from a bargain before it has
become fully Constituted and become binding.
26. • Intervention of extraneous factor
third party intervention esp. in murder case
7 . Replacing the thing in theft cases thinking it as valueless –r vs
easton1971
27. • Attempt laws
• Homicide chapter – upto 10 years imp and upto 1 lakh fine
• Half punishment – kidnapping and abduction –sec. 215
28. CRIMINAL ABETMENT
Section 35. Prohibition of abetment:
• (1) No person shall abet another person to commit an offence.
• (2) For the purposes of sub-section (1), where a person instigates
another person to commit an offence, the person is considered to
have abetted.
• (3) The abettor shall be liable to the separate punishment, if any,
provided for in this Act, and to the following punishment if such
separate punishment is not so provided for: (a) Where the offence is
committed in pursuance of the abetment, the punishment imposable
as if he or she had committed the offence
29. • (b) Where the offence is yet to be committed in pursuance of the
abetment, one half of the punishment specified for such offence.
• (4) Where an offence is abetted but a different offence is committed
by the abetted person, and that offence was committed under the
influence of the instigation or was a probable consequence of the
abetment, the abettor shall be liable to punishment as if he or she
had committed such offence as well.
30. • 36. Not to be accomplice:
• (1) No person shall become an accomplice to any offence.
• (2) A person who, with the intention of committing an offence, aids
in the commission of such offence or other offence or who hides the
offender or helps the offender to escape after the commission of the
offence or who provides means to commit, or causes the commission
of, the offense or otherwise assists in the commission of the offence
shall be deemed to be an accomplice.
31. • (3) An accomplice shall be punished as follows: (a) A person who,
with participation in a criminal conspiracy, commits an offence,
provides means or place to commit the offence, or deprives the
person against whom the offence is committed of the right of private
defence or who orders or advises to commit the offence, shall be
punished as if he or she had committed such offence, (b) For an
accomplice other than one referred to in clause (a), punishment not
exceeding one half of 20 the punishment imposable for the
commission of such offence according to the degree of his or her
involvement in that act.
32. • 37. Statute of limitation to be applicable: The statute of limitation
provided for in this Act for making a compliant in relation to an
offence shall also be applicable to the conspiracy, abetment,
accomplice of, or attempt to, such offence