1.
Criminal Law
Criminal
Law may be defined as that body of law, whether dealing with mala prohibit or
mala in se, the infraction of which is a crime or an offence punishable by a
criminal proceeding.
2.
FUNCTIONS OF CRIMINAL LAW
The
law, in general, is a preservative instinct of the individual and of the race.
The functions of criminal law are as follows;
i
Preservation of life
ii.
Protection of individual property
ii)
Protection of state and country.
iv.
Exigencies of good government.
(v)
Maintenance of public tranquility and peace.
(vi)
Upkeep of morality and culture.
3. DISTINCTION BETWEEN CIVIL LAW' & 'CRIMINAL
Civil
Law and Criminal. Law are two entirely different systems of law. They are
different from each other on the following main points;
(i)
Nature of Rights Infringed:
Civil
Law relates to private rights of private persons. While criminal law relates to
public rights of the public.
Who
Decides to Bring the Action?
In
civil cases; it is for the victim to decide whether or not to bring suit. No
state authority can force the victim to do so. In criminal cases, on the other
hand, the decision to proceed is made by the state in its various guises. The
police will, decide whether to arrest or caution the offender, or to take no
action.
(iii)
Title of the case
In
Civil Law, the parties are known as 'Plaintiff Defendant'. In Criminal Law, the
parties are known a State Versus Accused'.
iv.
Difference in Procedure
In
civil law the Code of Civil Procedure is applied while in Criminal Law the Code of Criminal
Procedure is applied.
v. Remedies
As Sanctions
In
Civil Law, the person whose right is violated is compensated and is granted
damages. In Criminal Law, the person whose right is violated gets no damages
rather the accused is sometimes sent to jail.
vi)
Damages
The
person breaking Civil Law has to pay damages: On the other hand, the person who
commits a crime is punished by jail sentence, and the person whose right is
violated gets no damages.
(vii)
Time Limitation
In
Civil Law, the right to file a suit is extinguished after specified time. In
Criminal Law, the right to initiate criminal case is never extinguished.
(viii)
Discontinuation OF Proceedings
In
Civil Law, plaintiff may discontinue the proceedings at any time but in
criminal law this is allowed only in compoundable offences and with the
permission of court.
4.
CONCLUSION
Crimes
are often against the state, the state takes the initiative in prosecuting
criminals; the State is in theory always responsible for conducting prosecution
and criminal proceedings are conducted in the name of the state.
0 comments:
Post a Comment