Law 3101A/B Study Guide - Quiz Guide: Perjury, Malum Prohibitum, Victimless Crime
16 Oct 2018
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Criminal law: - branch of public law public protection (social order) State hast to come up for punishment costs. General interest = maintaining rules prohibit special behaviour. Use them a lot to fight what they see as evils of society (alc. , drugs) Which acts should be crimes? mala in se: - things are wrong in themselves + against other humans (morally) Tend to be prohibited in most criminal codes mala prohibita: - things not wrong in themselves, only wrong because of prohibition crimes: - statement of moral values by society. Positive morality = moral norms current at specific time+ place. The principle of legality legality in general : - state must provide that certain conduct is considered unlawful + will be punished. Crimes can only be punished if there is a rules which punishes it nullum crimen: - the individuals protection from the power of state.
