This document provides an overview of criminal law, its definition, content, and environment. It discusses the object of criminal law, its evolution, and its functions, including repressive and preventive measures.
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[...] Criminal law is concerned with the criminal phenomenon. In other words, to actions that disturb social order; social order corresponds to the rules established between societies to establish relationships between them. If criminal law is concerned with criminality, it is apparent criminality that is the set of crimes confirmed by public authority. Undeclared crimes are hidden criminality or black numbers. Criminal law is not the only discipline that is concerned with crime, because another non-legal discipline called criminal science approaches criminality in a biological and scientific aspect. [...]
[...] 3-The functions of penal law 1 : penal law has a repressive function, for its primary purpose is the defense of society by sanctioning in the life of all behaviors contrary to the requirement of life in society. 2 : an expressive function, in so far as it expresses, reflects the essential values recognized by the collective conscience. The value is so important that if we do not respect it, we are sanctioned, because it is the mirror of a value in a given society. What is criminally sanctioned in one country is not in another. [...]
[...] General Penal Law Exam 3h: Intro; development; conclusion= Right to Penal Code= Written Exam: course question 1h30 those who do not have TD (having the habit of consulting the Penal Code with its modifications 'the legislative part and book the general provisions). Books: treatise on criminal law of Roger Merle; Jean Pradel : general penal law. Two centuries of politics penal: revolution or renovation. General Penal Law by Bernard Bouloc. The reviews: Dalloz, LexisNexis I. Introduction It has two main points: notions of criminal law and after some on the evolution of criminal law. Paragraph the notion of criminal law Definition, content, the environment of criminal law the definition of criminal law 1 What is the object of criminal law? [...]
[...] Certain civilizations have not gone beyond the stage of private justice, the characteristics are "inequality, heterogeneity, punishment". At the revolutionary time, Beccaria will breathe the criminal law that we know today, who published in 1764 the Treatise on Crimes and Punishments which had a huge impact in Europe. Philosophical Conceptions : The positive school: refutes the idea that man has free will, considering that man is determined, because he does not choose the acts that depend on the influence of either the family, etc., is dangerous so neutralizing it brings radically different solutions by putting safety measures. [...]
[...] 3 : the penal law has a preventive function, because it tends to avoid that delinquent acts are committed, it is the case indirectly due to the threat. It is the case directly of this preventive function with security measures notion written in the Penal Code, a legal notion) these measures are called security measures, because they establish the dangerous state of certain individuals who intervene before a judgment, after the judgment, on the dangerous state of the individual aiming to avoid that an individual commits an infraction or again. [...]
