Criminal Law

 

1. Criminal law is to provide protection for the social and state system, the universal freedoms and personal rights of citizens against criminal activities. In general, criminal law classifies crimes as offences against international law; against the safety of the state; against the administration of justice; against public peace and order; against human lives or safety; against property.

2. Criminal law also classifies a crime with respect to its gravity, such as treason, felony, and misdemeanor; and fixes punishments for them. Also included in criminal law are rules and procedures for preventing and investigating crimes and prosecuting criminals, the conduct of criminal trials, the organization of police forces, and the administration of penal institutions.

3. According to the law each crime consists of a number of individual elements. Those elements characterize the purpose of the criminal act, its form and method. All individual elements of a specific crime comprise what is known as the corpus delicti.

4. In general the corpus delicti has several basic common elements:

- a vol­untary act or omission (actus reus);

-"a guilty mind" or "knowledge of the wrongfulness of conduct" (mens rea);

- "concurrence"between the mens reaand the actus reus;

-causation of harm.

5. As a matter of fact criminal law is based on a number of universal principles. Here are some of them:

- a person may be charged with criminal responsibility only if he has committed an act prohibited by the criminal law;

- there is a presumption that the accused is innocent and the prosecution must prove his guilt;

- responsibility can exist only in the presence of guilt;

- a person may not be considered guilty unless all elements of an alleged crime have been established in his acts;

- criminal punishment shall be applied only by a court decision.

6. The following general defenses may excuse the accused from criminal responsibility:

- lack of age (an offender under 14 is not criminally responsible);

- reasonable self-defense;

- insanity (but everyone is presumed sane until the contrary is proved);

- automatism (it may arise as the result of a reflex action, concussion or sleep-walking).

 

3.3. Найдите в тексте и выпишите из него случаи употребления:

1) времени перфектной группы;

2) глагола to be в различных функциях;

3) глагола to have в различных функциях.

3.4. Подготовьте контрольное чтение и устный перевод текста.

 

3.5. Подготовьтесь к собеседованию по тексту на основе следующих вопросов:

1. What does criminal law define?

2. How are crimes classified in criminal law?

3. What does the corpus delicti include?

4. What are the general principles which Criminal Law is based on?

5. What does a presumption of innocence mean?

6. When is criminal punishment applied?

7. May a defense be connected with the age of an offender?

8. Give examples of general defenses that may excuse the accused from criminal responsibility?

3.6. Завершите начатое предложение, опираясь на содержание прочи­танного текста.

1. Each crime consists of …

2. Criminal law prescribes rules and procedures for …

3. A person may be charged with a crime only …

4. Everyone is presumed sane until …

5. Automatism may arise ….

 

3.7. Установите, соответствуют ли данные утверждения содержанию прочитанного текста:

1. Each element of a crime is called the corpus delicti.

2. Actus reus is a Latin word for"knowledge of the wrongfulness of conduct".

3. Criminal responsibility can exist even in the absence of guilt.

4. There are no reasons that may legally excuse a person from criminal responsibility.