The Criminal Code and the Criminal Procedure Code form the basis of criminal law. It will be of particular interest to you if you commit a crime. You will find information on how severely different types of crime are punished and what your rights are in criminal proceedings. In this article, we will focus on the definitions of the most basic terms.
The Criminal Code is the basic legislation in the field of criminal law. It contains detailed descriptions of individual crimes, such as property crimes(theft, fraud), violent crimes (murder), environmental crimes, economic crimes, etc. Each offence is defined by its characteristics and the criteria that must be met in order to constitute the commission of that offence.
The Criminal Code also provides for different types of penalties for the commission of a crime. These include, for example, imprisonment (of varying duration), a fine, forfeiture of property, prohibition of activity, house arrest or suspended sentence. Penalties are assigned according to the seriousness of the offence, the circumstances and the personal profile of the offender.
The Code also addresses various other aspects relating to criminal law, such as criminal liability, temporal and local scope, preparation and attempt, etc.
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Let’s explain the important terms you will come across in the Criminal Code:
Criminal liability is the responsibility of an individual for the commission of a crime. This means that a person can be prosecuted, tried and punished under criminal law for an act that qualifies as a crime. A person of sound mind over the age of 15 is criminally liable if he or she is guilty. Culpability is the subjective aspect of a criminal offence and implies the intrinsic relation of the perpetrator to the consequences of his/her actions. There are two types of culpability – intent and negligence.
Tip: We have discussed criminal liability and what the Criminal Code says about it in our next article.
A criminal offence is an unlawful act that is defined as criminal by the Criminal Law and that exhibits other essential features specified in the law. Criminal offences are divided into misdemeanours (negligent offences and intentional offences with a penalty of up to 5 years) and felonies (intentional offences with a penalty of at least 5 years).
Preparation of a crime means that someone deliberately creates the conditions for the commission of a particularly serious crime, i.e. a deliberate crime for the commission of which the law provides for a maximum penalty of at least 10 years’ imprisonment. In some cases, the preparation itself is punishable.
An attempt to commit a criminal offence is an act which is directly aimed at the completion of the criminal offence and which is carried out by the perpetrator with the intention of committing the offence. An attempt is viewed in the same way as a completed offence.
Hint: You can find out when you are committing a preparation and attempted crime in the next article.
The perpetrator of a criminal offence is the person who has fulfilled the elements of the offence by his or her conduct, i.e. the person who has committed the offence (or attempted or prepared to commit it). In some cases, the perpetrator is also the person who used another person to carry out the act.
These are specific situations where the act would be considered criminal but is not, given the circumstances. These include:
This is the period for which criminal liability applies. It starts to run as soon as the offence is committed. Its length is determined according to the seriousness of the offence. Certain offences are excluded from this period and thus criminal liability applies forever. These include, for example, the crime of treason or an attack against humanity.
Tip: We have discussed the statute of limitations in detail in our other article.
They are imposed for the commission of criminal offences and include penalties and protective measures. They shall be imposed taking into account the nature and gravity of the offence committed and the circumstances of the offender.
Tip: What is a crime and how do we divide crimes? Find out in the next article.
The Criminal Procedure Act, or the Criminal Procedure Code, regulates the procedure of law enforcement authorities in criminal proceedings. This law sets out the rules for criminal investigations, charging procedures and trials, both for prosecutors and for courts and other participants in criminal proceedings. It is therefore the basic legislative framework that ensures the fair and orderly conduct of criminal proceedings.
Hint: What are the law enforcement agencies and what does the Criminal Procedure Code say about them? Find out in our article.
Let’s take a look at the important terms and their definitions:
A criminal proceeding is a process in which law enforcement authorities try to determine whether a crime has been committed, identify the guilty party and, if necessary, impose a sentence. It consists of three phases: preliminary proceedings, investigation and execution.
Tip: What is a criminal trial and how does it work? Find out in the next article.
An accused is someone who is suspected of committing a crime. It is therefore the person against whom a criminal prosecution is brought. The prosecution is part of the criminal procedure and is announced by a resolution.
A defence lawyer is a lawyer who provides legal assistance and represents the accused (or accused persons) in criminal proceedings. His/her main task is to defend the interests and rights of his/her client during criminal proceedings to ensure fairness and compliance with the rules of procedure.
Tip: If you are in the role of the accused, you cannot do without a lawyer. An available attorney will protect your rights. An attorney with more than 10 years of experience in criminal law will evaluate your case and then prepare your defense.
An injured party is a person who has been harmed by a criminal offence, who has suffered property damage, non-property damage or at whose expense the offender has been enriched by the criminal offence.
Precautionary measures are intended to preserve evidence, protect the parties to the proceedings, prevent the suspect from escaping or otherwise ensure the smooth conduct of the proceedings. These include, for example, prohibiting contact with certain persons, prohibiting travel abroad or prohibiting visits to certain places.
A special type of detention is custody, which is a measure that restricts the accused’s liberty and serves to ensure his or her presence during criminal proceedings and to prevent him or her from continuing criminal activity or influencing witnesses or otherwise obstructing the investigation.
Tip: We have discussed the types of detention and detention prisons in detail in our article.
A decision is an official opinion issued by a court or prosecutor during criminal proceedings. The decision is either a judgment or an order.
Appeals are mechanisms that allow parties to criminal proceedings, or other persons, to challenge the decision or action of a decision-making body. They are divided into ordinary (appeal, court of appeal and complaint) and extraordinary (appeal, complaint for breach of law and retrial).
Tip: How do I defend myself against a decision in a criminal case by means of an appeal? Find out in our article.
Expungement of a conviction means the removal of an entry from the criminal record after a specified period of time and if certain conditions are met.
The Criminal Code and the Code of Criminal Procedure constitute a solid legal framework that ensures the fair and effective application of criminal law. The Penal Code defines offences and their penalties in detail, while the Criminal Procedure Code sets out the rules for criminal proceedings, from investigation to sentencing.
Were you charged and prosecuted? The stakes are really high and it doesn’t pay to go through the criminal process without consulting an attorney.
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