What is a crime?


Crime is a part of public law – the law regulating the relations between citizens and the state. Crimes are acts which the state considers to be wrong and which can be punished by the state. There are some acts which are crimes in one country but not in another. For example, it is a crime to drink alcohol in Saudi Arabia, but not in Egypt. It is a crime to smoke marijuana in England, but not (in prescribed places) in the Netherlands. It is a crime to have more than one wife at the same time in France. But not in Indonesia. In general, however, there is quite a lot of agreement among states as to which acts are criminal. A visitor to a foreign country can be sure that stealing, physically attacking someone or damaging their property will be unlawful. But the way of dealing with people suspected of crime may be different from his own country.

 

Elements of proof.

In many legal systems it is an important principle that a person cannot be considered guilty of a crime until the state proves he committed it. The suspect himself need not prove anything, although he will of course help himself if he can show evidence of his innocence. The state must prove his guilt according to high standards and there are elements that must be proved. In codified systems, these elements are usually recorded in statutes. In common law systems, the elements of some crimes are detailed in statutes; others, known as “common law crimes”, are still described mostly in case law. There are usually two important elements to a crime: 1) the criminal act itself; and 2) the criminal state of mind of the person, when he committed the act. In Anglo-American law these are known by the Latin terms 1) Actus Reus and 2) Mens Rea.

Notes

Actus Reus – виновное действие

Mens Rea– состояние воли при совершении преступления

Criminal law – Уголовное право

criminal – преступник, преступный

the guilty виновный

to find guilty – признать виновным

common law – общее право

public law – публичное право

case law – прецедентное право

statute– законодательный акт

to consider – считать, полагать

to suspect – подозревать

 

2. Read the text again to answer the following questions:

1. How can you define a crime?

2. How does the state consider crimes?

3. What are the examples of some acts which are considered to be crimes in one country but not in another?

4. Is it an important principle that a person cannot be considered guilty of a crime until the state proves he committed it?

5. Can the suspect himself show evidence of his innocence?

6. What are two important elements to a crime?

7. Do you think there are laws for the rich and different laws for the poor?

8. What international law should be applied all over the world?

9. Do you think your country is a safe place to live? Why or why not?

 

3. Translate the following words and word combinations from English into Russian:

to commit a crime, to consider, to prescribe, to damage smb`s property, agreement, to deal with, to suspect, to smoke marijuana, to show evidence, physically, unlawful, responsibility, legal system, codified system, important principle, innocence, defense lawyer, codified systems.

 

4. Find the English equivalents for the following words and phrases:

доказательство, виновное действие, законодательный акт, виновный, уголовное право, состояние воли при совершении преступления, публичное право, признать виновным, прецедентное право, общее право, преступник, важный элемент, невиновность, опасность, факты правонарушения.