Criminal Law ALL QUESTIONS AND CORRECT VERIFIED ANSWERS|100%
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1. Criminal law The definition depends on a number of factors:
-philosophical and social premises,
-cultural traditions,
-importance on morals and religion in society
-configuration of power
-ideological tendencies
2. Procedure it uses - criminal law is the field of law which calls for criminal procedures
and the public au- -A crime is an act that is capable of being prosecuted by criminal proceedings,
thority that ap- having one on the types of outcome (punishments) known to follow these pro-
plies criminal law ceedings
-no crime is prosecuted outside the ambit of criminal proceedings and no criminal
is convicted outside a court
3. Criminal Law as a -its premise is to consider criminal law as a specific part of the field of law
sector of the law -The perspective can be divided into two
1) the analysis will be focused on the objective dimension of criminal law, the
statute its self.
2) pay attention to its subjective aspects, which means to identify the origin of the
act
4. Objective Per- -as a set of statutes enacted by a legislature that defines criminal offences and
spective punishments
-Professor Franz Von Liszt, 'criminal law is the set of legal rules established by
the state which associate to the crime as a fact the penalties as legitimate con-
sequences'
-penal science on the continental criminal systems and has been followed by
Spanish scholars, through the XX century
-no rule adopted outside the legal system can be accepted as a part of criminal
law
1/9
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5. The Subjective -the origin of acts that lead to the creation of offences and penalties.
Perspective -Criminal law is the instrument of the state to enact legal rules establishing offence
and penalties
-Outside the state there is no criminal law
-criminal law is the monopoly of the state
-fails to provide a more substantial definition
6. The relations be- -as offence and punishments are created to protect the moral values in a society
tween morals -not a clear distinction between law and morals
and criminal law -the moralistic approach considered as a vision in clear decline, supported just by
a minority of commentators, more supported by common law traditions
-Some elements from this approach remain, still presents a certain interest due to
a the following considerations:
1) the harm principle
2) fundamental rights
such values vary from one country to another and even within a same country in
the course of history.
-Through a long historical evolution we can find a great deal of moral basis
e.g. punishment of homosexuality
7. Definition of -many attempts but none are convincing
criminal law in re-
lation to other le-
gal systems
8. An economic -according to Posner, the law is general, including criminal law, should be subject-
analysis of crimi- ed to an economic analysis, in the same way as other social sectors or phenomena
nal law -crimes are torts caused by insolvent people
-Posner basis his theory on an economic vision of criminals
-criminal is a rational actor who will consider perpetrating a crime by weighing up
the cost of actions, taking into account the likelihood of getting caught and the
2/9
GUARANTEED TO PASS!|ALREADY GRADED A+/BRAND NEW VERSION
Study online at https://quizlet.com/_h4uelq
1. Criminal law The definition depends on a number of factors:
-philosophical and social premises,
-cultural traditions,
-importance on morals and religion in society
-configuration of power
-ideological tendencies
2. Procedure it uses - criminal law is the field of law which calls for criminal procedures
and the public au- -A crime is an act that is capable of being prosecuted by criminal proceedings,
thority that ap- having one on the types of outcome (punishments) known to follow these pro-
plies criminal law ceedings
-no crime is prosecuted outside the ambit of criminal proceedings and no criminal
is convicted outside a court
3. Criminal Law as a -its premise is to consider criminal law as a specific part of the field of law
sector of the law -The perspective can be divided into two
1) the analysis will be focused on the objective dimension of criminal law, the
statute its self.
2) pay attention to its subjective aspects, which means to identify the origin of the
act
4. Objective Per- -as a set of statutes enacted by a legislature that defines criminal offences and
spective punishments
-Professor Franz Von Liszt, 'criminal law is the set of legal rules established by
the state which associate to the crime as a fact the penalties as legitimate con-
sequences'
-penal science on the continental criminal systems and has been followed by
Spanish scholars, through the XX century
-no rule adopted outside the legal system can be accepted as a part of criminal
law
1/9
, Criminal Law ALL QUESTIONS AND CORRECT VERIFIED ANSWERS|100%
GUARANTEED TO PASS!|ALREADY GRADED A+/BRAND NEW VERSION
Study online at https://quizlet.com/_h4uelq
5. The Subjective -the origin of acts that lead to the creation of offences and penalties.
Perspective -Criminal law is the instrument of the state to enact legal rules establishing offence
and penalties
-Outside the state there is no criminal law
-criminal law is the monopoly of the state
-fails to provide a more substantial definition
6. The relations be- -as offence and punishments are created to protect the moral values in a society
tween morals -not a clear distinction between law and morals
and criminal law -the moralistic approach considered as a vision in clear decline, supported just by
a minority of commentators, more supported by common law traditions
-Some elements from this approach remain, still presents a certain interest due to
a the following considerations:
1) the harm principle
2) fundamental rights
such values vary from one country to another and even within a same country in
the course of history.
-Through a long historical evolution we can find a great deal of moral basis
e.g. punishment of homosexuality
7. Definition of -many attempts but none are convincing
criminal law in re-
lation to other le-
gal systems
8. An economic -according to Posner, the law is general, including criminal law, should be subject-
analysis of crimi- ed to an economic analysis, in the same way as other social sectors or phenomena
nal law -crimes are torts caused by insolvent people
-Posner basis his theory on an economic vision of criminals
-criminal is a rational actor who will consider perpetrating a crime by weighing up
the cost of actions, taking into account the likelihood of getting caught and the
2/9
