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Criminal Law Courses SA
Criminal
law is a branch of law which concerns crimes which are committed
against the public authority. It is distinct from civil law, which
involves crimes which people commit against each other, not not
necessarily against the public as a whole. Murder, for example, is
covered under criminal law, because although there is a specific
victim, murder in general runs against the interests of the public.
By contrast, if someone fails to honour a contract, this is a matter
for civil law.
Substantive criminal law deals with the definitions of various
crimes which are covered by the criminal code, while procedural
criminal law is concerned with the prosecution of said crimes.
Procedural law may also include sentencing recommendations which are
designed to be used in the event that a victim is convicted of
committing a crime. Under many criminal codes, convictions can only
be obtained when the prosecution proves beyond a reasonable doubt
that the accused did indeed commit the crime
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Three broad types of crimes
appear in the criminal code: misdemeanours, felonies, and
treason. Treason is of particular concern because it not
only violates the public interest, but also threatens
national security and the welfare of the nation itself,
which is why treason is accompanied with such severe
penalties. Misdemeanours are relatively minor crimes under
criminal law, while felonies are more serious crimes which
may accompanied with severe mandatory sentences.
In every nation, the ideal is to deter criminals from
committing acts which violate the interests of the public or
the nation, and deterrence is a major feature of the
criminal code. Given that reducing the crime rate to zero is
unlikely, the criminal code also deals with the proper
containment and management of criminals, including
rehabilitation of people who commit criminal acts. Measures
for some form of punishment are also a key part of criminal
law, warning people who consider engaging in criminal
activity that their actions have consequences, and for some
types of crime, restitution to victims and their families
may also be built into the law.
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business law
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