DANCEST 805 Lecture Notes - Lecture 20: Procedural Law, Mens Rea, Mental Disorder
Document Summary
Law and legal reasoning chapter vii: criminal law. 1 introduction: the nature and function of criminial law. 2 features distinguish it from other law branches: > criminal law deals with so-called public wrongs as opposed to private wrongs (civil law) > crimes as public wrongs: crimes are socially pro- scribed wrongs which concern the community as a whole (instead of two equal parties in civil law) > punishment and censure: commonly triggers the imposition of public censure (afkeuring) and punishment (as last resort: ultima ratio). The human rights of citizens, including criminals, against a too intrusive state. It limits and protects freedoms at the same time, to regulate behavior. =between the sword (crime control function) and the shield (safeguard function in democracy) What amounts for a criminal offense in a liberal society? (2) How can the imposition of punishment be justified? (3) Which objective elements need to be fulfilled for criminal liability? (5)
