CRIMINAL LAW

Criminal law deals with crimes – that is, actions considered harmful to society. Crimes range in seriousness from disorderly conduct to murder. Criminal law defines these offences and sets the rules for the arrest, possible trial, and the punishment of offenders. Some crimes are also classed as torts because the victim may sue for damages under private law. Because a crime is committed against all members of the community, not just the particular victim, the victim does not make the decision to prosecute the accused person. The state, acting as the people’s representative, prosecutes the crime.

Under common law (judge-made law) crimes are divided into two main categories: felonies and misdemeanours. The distinction between them is based on the crime’s seriousness and on the length of punishment.

Felonies are crimes generally punishable by more than one year imprisonment. A person has the right to a jury trial when charged with a felony crime. The common law felonies include: murder, rape, burglary, kidnapping, and treason.

Misdemeanours are crimes generally punishable by less than one year’s imprisonment. A person has the right to a jury trial when charged with a misdemeanour if the crime considered serious enough.

Under the new system, called Model Penal Code, crimes are classified by degree. There are four degrees of crimes: first, second, third and fourth degree. First degree crimes include the most serious crimes like murder, sexual assault, and kidnapping. Fourth degree crimes include the least serious crimes like mischief.

When comparing criminal law and civil law we can say that in relation to serious offences a criminal case will involve a judge and jury, whereas in civil action, the judge will normally sit alone.

There is a presumption in a criminal trial, that the accused person is innocent, and it is the task of his prosecutors to produce evidence that convinces the jury of his guilt. No such presumption exists in civil actions.

The Ukrainian Criminal Code is applicable to all persons who commit crimes on the territory of Ukraine as well as to Ukrainian citizens who commit crimes abroad.

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Exercise 6. Put the verbs into the correct form. Sometimes two answers are possible.	\|	VOCABULARY NOTES

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