Monday, May 13, 2013

Concept and objectives of criminal law

The task of the criminal law - the protection of the social system of our country, its political and economic systems, property, individual rights and freedoms, the rule of law from criminal attacks. To accomplish this task criminal law determines which socially dangerous acts are criminal, and establishes penalties to be applied to persons who committed the crime.
Criminal law solves the problem of ensuring the rule of law in our country and eliminate the causes of crime. Forcing to legal compliance, criminal law promotes educate citizens to refine the implementation of laws.
Among the principles of criminal law can be called such as the principle of legality, the principle of inevitability, responsibility, etc.

The principle of legality means that no one can be prosecuted and punished otherwise, as for acts (ie, acts or omissions), containing an offense under the criminal law, and criminal penalties may be applied only by a court.
The principle of inevitability of punishment is that the criminal law prescribes strictly follow his demands for full and timely disclosure of each crime and the offender liable person just punishment.
Along with the general principles of criminal law and apply the so-called industry guidelines, ie, unique to this branch of law. These principles, for example, include the individualization of punishment, guilt and responsibility for others
Criminal Code includes provisions fixing criminal liability for offenses that are not provided in the regulations republics belonging to the Russian Federation.
Criminal law as a system of legal norms is subdivided into general and special parts.
The general part makes general provisions of criminal liability is determined by the offense. The general part includes rules governing the forms and types of fault, the circumstances excluding criminal responsibility for the preparation of a crime, attempted crime, for complicity. In the general part of the Code describes the goals and penalties and the rules of their destination, etc.
The special part of the Penal Code includes rules specific offenses and established for them criminal penalties.
Such a system of construction is inherent in all of the Criminal Code of the Criminal Code and take account of some features. In particular, criminal liability for irrigated agriculture (such liability provided not all criminal codes, but only in those republics where there is agriculture), for violation of the equality of women in those republics where such actions constitute remnants of religious and local customs and other household .
All persons who have committed crimes in the territory of the Russian Federation shall be liable under the criminal laws in force in the place of the crime.
However, the issue of criminal liability of diplomatic representatives of foreign countries permitted by diplomatic means, and therefore such persons outside the jurisdiction of the Russian criminal courts.
The term criminal law is applied in practice not only as a system of legal norms, but also as a science, which are the subject of crime and punishment, taken in their historical development. Studying the practice of criminal law, the science of criminal law clarifies his position and make recommendations to the court and the investigating authorities.

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