Question

Даю 70 баллов тем кто справиться , дан текст и нужно ответить на вопросы по нему Criminal law is a branch of public law that defines crimes and fixes punishments. Criminal law not only determines what criminal conduct is, but also regulates the methods of capturing, charging and trying suspected crimi¬nals; imposes penalties on convicted offenders; determines the methods by which a convicted person can challenge the conviction. The principal notion of criminal law is crime, i. e. commission of an act that violates the law and is punishable by the state. Two things must be present for a crime to be committed: a criminal act itself (Actus Reus) and a criminal state of mind (Mens Rea). In a murder, for example, Actus Reus is the killing of a human being by another human. Mens Rea is the person's intent to do the illegal act. In law it is frequently said that an act is not a crime if done without a guilty mind. Killing someone, for instance, is not a crime if it is accidental or justified self-defense, because there was no wrongful intent. One important principle of criminal law is that of presumption of inno¬cence. Under this principle once the defendant has pleaded not guilty his inno¬cence should be presumed throughout the entire trial until the state proves his guilt beyond reasonable doubt. If Actus and Mens have been proved, the defendant may still avoid guilt if he can show he has a defense i.e. a reason the court should excuse his act. Different systems of law recognize different and usually limited sets of defenses. For exam¬ple, English law sometimes allows the defense of duress -being forced to commit a crime because of threats that you or someone else will be harmed if you don't. Another defense is that of insanity. In most countries a person cannot be found guilty of a crime if, in a doctor's opinion, he cannot have been responsible for his actions because of mental illness. If it is proven the defendant will not be sent to prison, but instead to a mental hospital. Nearly every system of law recognizes the defense of self-defense. In Eng¬lish law a defendant can avoid guilt for injuring someone if he can convince the court that the force he used was reasonable to protect himself in the circumstances. It might be argued that a person is not responsible for his actions if he is not intoxicated (the defense of intoxication) i.e. drunk or under the influ¬ence of drugs. However, In Britain and in many other countries, there is a general principle that people who knowingly get themselves intoxicated must be held responsible for their acts. 3. Answer the questions to the text in written form: 1. What is the scope of the criminal law? 2. What is the definition of a crime? 3. What must be present for a crime to be committed? 4. What is the basic principle of the criminal law? 5. What are possible defences in criminal law? 6. Can the defence of intoxication be used as a defence in court?

Answer 1

1. What is the scope of the criminal law?

Criminal law defines crimes and fixes punishments.

2. What is the definition of a crime?

A crime is an act that violates the law and is punishable by the state.

3. What must be present for a crime to be committed?

Two things must be present for a crime to be committed: a criminal act itself (Actus Reus) and a criminal state of mind (Mens Rea).

4. What is the basic principle of the criminal law?

It is the presumption of innocence.

5. What are possible defences in criminal law?

They are duress, insanity, self-defense, intoxication.

6. Can the defence of intoxication be used as a defence in court?

Yes, it can. The criminal law sometimes allows intoxication to be used as a defense in court.

Answer 2

1. The scope of criminal law is to define crimes and establish punishments. It not only determines what constitutes criminal conduct but also governs the procedures for apprehending, charging, and trying suspected criminals, as well as the penalties for convicted offenders.

2. The definition of a crime is an act that violates the law and is punishable by the state.

3. Two things must be present for a crime to be committed: a) Actus Reus - the criminal act itself, which refers to the physical act or conduct that constitutes the offense. b) Mens Rea - the criminal state of mind, which refers to the intention or mental state of the person committing the act.

4. The basic principle of criminal law is the presumption of innocence. According to this principle, once a defendant pleads not guilty, their innocence should be presumed throughout the entire trial until the state proves their guilt beyond reasonable doubt.

5. Possible defenses in criminal law include: a) Duress - being forced to commit a crime under threats of harm to oneself or others. b) Insanity - being found not guilty if the defendant was incapable of understanding the nature and quality of their actions due to mental illness. c) Self-defense - the use of force to protect oneself from harm, which may justify the act under certain circumstances.

6. The defense of intoxication can be argued in court, but its effectiveness as a defense varies in different legal systems. In some countries, people who voluntarily become intoxicated can still be held responsible for their actions.