Criminal Law
Criminal law defines conduct prohibited by the state and prescribes punishment for such conduct. It covers the elements of crimes, including actus reus and mens rea, inchoate offenses, defenses, and principles of criminal responsibility. This category examines substantive criminal law across common law and civil law jurisdictions.
Chinese Criminal Procedure (2018 Revision)
The PRC Criminal Procedure Law (Xingshi Susong Fa, 刑事诉讼法), originally enacted in 1979 and comprehensively revised in 1996, 2012, and 2018, governs the investigation, prosecution, and adjudication of …
Chinese Criminal Punishment System
The Chinese criminal punishment system is established by the Criminal Law (Xing Fa, 刑法), originally enacted in 1979 and comprehensively revised in 1997. The Criminal Law categorizes punishments into …
Chinese Organized Crime Law
The Legal Framework Organised crime under Chinese law is governed primarily by Article 294 of the Criminal Code, which criminalises the organisation, leadership, and participation in …
Criminal Defences in English Law
Introduction English criminal law recognises a range of defences that may negative liability even where the prosecution has proved the actus reus and mens rea of an offence. Defences may be complete …
Criminal Defenses
Introduction Criminal defenses are legal arguments that, if successful, relieve a defendant of criminal liability. Defenses may be categorized as justifications (conduct that is not wrongful because …
Criminal Law in Australia
Introduction Australian criminal law operates under a dual system: common law criminal law prevails in the common law states of New South Wales, Victoria, South Australia, and the Australian Capital …
Criminal Law in Brazil
Introduction Criminal law in Brazil (Direito Penal) is codified primarily in the Penal Code of 1940 (Decree-Law 2.848/1940) and supplemented by numerous special criminal laws. The 1988 Federal …
Criminal Law in Canada
Overview Criminal law in Canada is exclusively a federal jurisdiction under s. 91(27) of the Constitution Act, 1867, which grants Parliament authority over “the Criminal Law, except the …
Criminal Law in Japan
Overview of Japanese Criminal Law Japanese substantive criminal law is codified in the Penal Code (Keihō, Law No. 45 of 1907), extensively amended, with major reforms in 2017 and 2023 addressing …
Criminal Law in Mexico
Introduction Mexican criminal law is governed by the Federal Criminal Code (Código Penal Federal, CPF) and the criminal codes of each state, alongside the National Code of Criminal Procedure (Código …
Criminal Law in Nigeria
Introduction Criminal law in Nigeria operates under a dual statutory framework reflecting the country’s colonial history and legal pluralism. The Criminal Code (Chapter 77, Laws of the …
Criminal Law in South Africa
Introduction South African criminal law is a hybrid system combining common law crimes derived from Roman-Dutch law with statutory offences enacted by Parliament. The Criminal Procedure Act 51 of 1977 …
Criminal Law in South Korea
Introduction South Korean criminal law is codified in the Criminal Code (형법, Act No. 293, 1953) , which draws from German and Japanese criminal law traditions. The Code establishes the general …
Criminal Liability in English Law
Introduction Criminal liability in English law requires proof of two elements: the actus reus (the guilty act or omission) and the mens rea (the guilty mind). The prosecution must prove both elements …
Criminal Liability of Legal Persons in France
The Principle of Criminal Liability of Legal Persons Article 121-2 of the Code pénal establishes the criminal liability of legal persons (personnes morales) in France. Introduced by the reform of the …
Criminal Offenses and Classifications in Australia
Introduction The classification of criminal offenses in Australia determines the applicable procedure, penalties, and jurisdiction. The criminal law distinguishes between different categories of …
Criminal Offenses and Classifications in Brazil
Introduction The classification of criminal offenses in Brazil determines the applicable procedure, penalties, and jurisdiction. The criminal law distinguishes between different categories of offenses …
Criminal Offenses and Classifications in Canada
Introduction The classification of criminal offenses in Canada determines the applicable procedure, penalties, and jurisdiction. The criminal law distinguishes between different categories of offenses …
Criminal Offenses and Classifications in Japan
Introduction The classification of criminal offenses in Japan determines the applicable procedure, penalties, and jurisdiction. The criminal law distinguishes between different categories of offenses …
Criminal Offenses and Classifications in Mexico
Introduction The classification of criminal offenses in Mexico determines the applicable procedure, penalties, and jurisdiction. The criminal law distinguishes between different categories of offenses …
Criminal Offenses and Classifications in Nigeria
Introduction The classification of criminal offenses in Nigeria determines the applicable procedure, penalties, and jurisdiction. The criminal law distinguishes between different categories of …
Criminal Offenses and Classifications in South Africa
Introduction The classification of criminal offenses in South Africa determines the applicable procedure, penalties, and jurisdiction. The criminal law distinguishes between different categories of …
Criminal Offenses and Classifications in South Korea
Introduction The classification of criminal offenses in South Korea determines the applicable procedure, penalties, and jurisdiction. The criminal law distinguishes between different categories of …
Criminal Procedure in Australia
Introduction Criminal procedure in Australia governs the process by which the state investigates, prosecutes, and adjudicates criminal offenses. The procedural framework balances the effective …
Criminal Procedure in Brazil
Introduction Criminal procedure in Brazil governs the process by which the state investigates, prosecutes, and adjudicates criminal offenses. The procedural framework balances the effective …
Criminal Procedure in Canada
Introduction Criminal procedure in Canada governs the process by which the state investigates, prosecutes, and adjudicates criminal offenses. The procedural framework balances the effective …
Criminal Procedure in Japan
Introduction Criminal procedure in Japan governs the process by which the state investigates, prosecutes, and adjudicates criminal offenses. The procedural framework balances the effective enforcement …
Criminal Procedure in Mexico
Introduction Criminal procedure in Mexico governs the process by which the state investigates, prosecutes, and adjudicates criminal offenses. The procedural framework balances the effective …
Criminal Procedure in Nigeria
Introduction Criminal procedure in Nigeria governs the process by which the state investigates, prosecutes, and adjudicates criminal offenses. The procedural framework balances the effective …
Criminal Procedure in South Africa
Introduction Criminal procedure in South Africa governs the process by which the state investigates, prosecutes, and adjudicates criminal offenses. The procedural framework balances the effective …
Criminal Procedure in South Korea
Introduction Criminal procedure in South Korea governs the process by which the state investigates, prosecutes, and adjudicates criminal offenses. The procedural framework balances the effective …
Criminal Punishment in Russia: Types, Sentences, and the Death Penalty Moratorium
The system of criminal punishment in Russia is established by the Criminal Code (UK RF, Articles 44–59) and detailed by the Criminal-Executive Code (Ugolovno-Ispolnitelny Kodeks, UIK RF). The Russian …
Elements of Crimes
Introduction Every crime consists of distinct elements that the prosecution must prove beyond a reasonable doubt. The traditional elements are actus reus (the guilty act), mens rea (the guilty mind), …
EU Criminal Law
The Development of EU Competence in Criminal Matters Criminal law was historically excluded from the European Community’s competence, which focused on economic integration under the Treaty of …
Europol: Mandate, Data Processing, and Operational Oversight
Introduction Europol, the European Union Agency for Law Enforcement Cooperation, is the central hub for operational police cooperation among Member States. Headquartered in The Hague, Europol supports …
Federal Sentencing
Introduction Federal sentencing is governed by the Sentencing Reform Act of 1984, which established the U.S. Sentencing Commission and created the Federal Sentencing Guidelines. The guidelines were …
French Criminal Procedure Reform
The Evolution of French Criminal Procedure French criminal procedure, governed by the Code de procédure pénale, has undergone profound reforms since 2000 as successive legislatures have sought to …
French Criminal Procedure: Juge d'Instruction, Garde à Vue, and Assises System
French criminal procedure is governed by the Code de procédure pénale (CPP), which establishes the framework for the investigation, prosecution, and trial of criminal offences. French criminal …
Highlights of the StGB Special Part
The Special Part (Besonderer Teil) of the German Criminal Code (StGB) defines specific criminal offences, organised into sections corresponding to the legal interests (Rechtsgüter) they protect. The …
Homicide Offences in English Criminal Law
Introduction Homicide is the unlawful killing of a human being. English law distinguishes between murder, voluntary manslaughter, and involuntary manslaughter, with different mental elements and …
Inchoate Offenses
Introduction Inchoate offenses are crimes that punish conduct directed toward the commission of a substantive offense but falling short of completing that offense. The principal inchoate offenses are …
Landmark German Criminal Procedure Cases
The Görg Case and Human Dignity in Criminal Proceedings The Görg case (BVerfGE 45, 187, 1977) is a foundational decision of the Federal Constitutional Court (Bundesverfassungsgericht, BVerfG) on the …
Non-Fatal Offences Against the Person
Introduction Non-fatal offences against the person in English criminal law are governed principally by the Offences Against the Person Act 1861 (OAPA 1861), a piece of Victorian legislation that …
OLAF: Investigations, PIF Directive, and the Protection of EU Financial Interests
Introduction The European Anti-Fraud Office (OLAF, from the French Office Européen de Lutte Anti-Fraude) is the European Commission’s investigative body responsible for protecting the EU’s …
Property Offences in English Criminal Law
Introduction Property offences in English criminal law are governed principally by the Theft Act 1968 and the Fraud Act 2006. The Theft Act 1968 consolidated and reformed the law of theft, robbery, …
Substantive Chinese Criminal Law
Sources and Development of Chinese Criminal Law The Criminal Law of the People’s Republic of China was first enacted in 1979 as part of the post-Mao legal reconstruction and was comprehensively …
Substantive English Criminal Law
Sources and Structure English criminal law remains uncodified, deriving from both common law (judge-made law developed through precedent) and statute. The absence of a comprehensive criminal code …
Substantive French Criminal Law
Sources and the Principle of Legality French criminal law (droit pénal) is codified in the Code Pénal, enacted in its current form by the Law of 22 July 1992 and effective since 1 March 1994, …
Substantive German Criminal Law
Sources and the Basic Law Framework German criminal law (Strafrecht) is codified in the Strafgesetzbuch (StGB), which traces its origins to the Criminal Code of the German Empire of 1871 …
Substantive Russian Criminal Law
Sources and the 1996 Criminal Code Russian criminal law is codified in the Criminal Code of the Russian Federation (Ugolovny Kodeks Rossiyskoy Federatsii, UK RF), adopted in 1996 and effective from 1 …
Substantive US Criminal Law
Sources of Substantive Criminal Law Criminal law in the United States operates under a dual sovereignty system: federal criminal law derived from Congress’s enumerated powers coexists with fifty …
The European Arrest Warrant: Surrender, Fundamental Rights, and Judicial Cooperation
Introduction The European Arrest Warrant (EAW), established by Council Framework Decision 2002/584/JHA, replaced traditional extradition procedures between EU Member States with a simplified judicial …
The European Public Prosecutor's Office (EPPO): Competence, Structure, and Operations
Introduction The European Public Prosecutor’s Office (EPPO), established under Regulation (EU) 2017/1939, is the first supranational criminal prosecution body in EU law. Operational since 1 June …
The General Part of the German Criminal Code (StGB)
The General Part (Allgemeiner Teil) of the German Criminal Code (Strafgesetzbuch, StGB) establishes the general principles of criminal liability that apply to all criminal offences. It is one of the …
The Russian Criminal Code (UK RF): Structure, Principles, and Categories of Crime
The Criminal Code of the Russian Federation (Ugolovny Kodeks Rossiyskoy Federatsii, UK RF), adopted in 1996 and effective from 1 January 1997, is the sole source of Russian substantive criminal law. …