Pages

Thursday 3 September 2015

CRIME

In ordinary language, the term crime denotes an unlawful act punishable by a state.[1] The term "crime" does not, in modern criminal law, have any simple and universally accepted definition,[2] though statutory definitions have been provided for certain purposes.[3] The most popular view is that crime is a category created by law; in other words, something is a crime if declared as such by the relevant and applicable law.[2] One proposed definition is that a crime or offence (or criminal offence) is an act harmful not only to some individual or individuals but also to a community, society or the state ("a public wrong"). Such acts are forbidden and punishable by law.[1][4]

The notion that acts such as murder, rape and theft are to be prohibited exists worldwide.[5] What precisely is a criminal offence is defined by criminal law of each country. While many have a catalogue of crimes called the criminal code, in some common law countries no such comprehensive statute exists.

The state (government) has the power to severely restrict one's liberty for committing a crime. In modern societies, there are procedures to which investigations and trials must adhere. If found guilty, an offender may be sentenced to a form of reparation such as a community sentence, or, depending on the nature of their offence, to undergo imprisonment, life imprisonment or, in some jurisdictions, execution.

Usually, to be classified as a crime, the "act of doing something criminal" (actus reus) must – with certain exceptions – be accompanied by the "intention to do something criminal" (mens rea).[4]

While every crime violates the law, not every violation of the law counts as a crime. Breaches of private law (torts and breaches of contract) are not automatically punished by the state, but can be enforced through civil procedure.

No comments:

Post a Comment