Cje Karolina Kremens, LL.M., Ph.D. Wojciech Jasiński, Ph.D. Department of Criminal Procedure Faculty of Law, Administration and Economics University of Wrocław Class XVI CRIMES - OVERVIEW Criminal Law I

CRIMES - OVERVIEW MOST COMMON DISTINCTION felonies misdemeanors petty offences Great Britain (current perspective) indictable offences summary offences either-way offences France le crime le delit la contravention see class with dr Jasiński (Structure of an offence I)

CRIMES - OVERVIEW WORK IN PAIRS: What distinct groups of crimes can you describe? What are the criteria to put crimes in certain groups? In what order they should be organized and why?

CRIMES - OVERVIEW

GENERALLY building groups of crimes around legal interests crimes against particular victim victimless crimes – crimes lacking an individual victim but affecting the society environmental crimes bribery damaging communications group of crimes affecting only feelings defamation of religious beliefs disturbing a religious service public denial of the Holocaust

CRIMES - OVERVIEW GENERALLY first crimes against state followed by crimes against person Germany France first crimes against person followed by crimes against state Switzerland Sweden

CRIMES - OVERVIEW GENERALLY no established and generally accepted classification and order of crimes within systems of law regulation of crimes: in Penal Codes / Codes of Criminal Law in separate statutes remaining outside of the scope of the Code common law style of codification of criminal law

CRIMES - OVERVIEW GENERALLY justification for leaving some crimes in a separate statute outside of the scope of the code: specified fields of law that provide all together general understanding of the issue, certain notions that relate to these crimes e.g. copyright law, competition law

CRIMES - OVERVIEW GENERALLY application of the rule regarding particular type of crime must be undertaken taking into account regulations from the general part of the Criminal Code rules on criminal liability forms of commitment of an offence (inchoate crimes and complicity) sanctioning

CRIMES - OVERVIEW GERMANY organizing the structure of the Penal Code around the legal interests (Rechtsgüter) that are protected structure: protection of interests of state protection of interests of family protection of interests of individual typically offenses against person regulated before offenses against property

CRIMES - OVERVIEW GERMANY Ch. 1. Crimes against the Peace of Nations, High Treason; Endangering the Democratic State under the Rule of Law Ch. 2. Treason and Endangering External National Security Ch. 3. Offences against Foreign States Ch. 4. Offences against Constitutional Organs and in the Context of Elections and Ballots Ch. 5. Offences against the National Defence Ch.6. Resistance against State Authority Ch. 7. Offences against Public Order Ch. 8. Counterfeiting of Money and Official Stamps Ch. 9. False Testimony and Perjury Ch. 10. False Accusation Ch. 11. Offences Related to Religion and Ideology

CRIMES - OVERVIEW GERMANY Ch. 12. Offences Related to the Personal Status Registry, Marriage and the Family Ch. 13. Offences against Sexual Self-Determination Ch. 14. Libel and Slander Ch. 15. Violation of Privacy Ch.16. Offences against Life Ch. 17. Offences against the Person Ch. 18. Offences against Personal Freedom

CRIMES - OVERVIEW GERMANY Ch. 19. Theft and Unlawful Appropriation Ch. 20. Robbery and Blackmail Ch. 21. Assistance after the Fact and handling stolen goods Ch. 22. Fraud and Embezzlement Ch. 23. Forgery Ch. 24. Offences in the State of Insolvency Ch. 25. Criminal Self-Seeking Ch. 26. Restrictive Practices Offences Ch. 27. Criminal Damage Ch. 28. Offences Causing a Common Danger Ch. 29. Offences against the Environment Ch. 30. Offences committed in Public Office

CRIMES - OVERVIEW POLAND codified system of law similar tendency as in Germany to include in the Code most crimes grouped by the criteria of legal interest the order made by the hierarchy of goods protected by the criminal law

CRIMES - OVERVIEW UNITED STATES Model Penal Code: drafted by the American Law Institute (practitioners, professors etc.) bringing uniformity and clarity to many fields of law 1985 – publishing of Model Penal Code separate state codes following to some extent the Model Penal Code grouping offenses according to the interest they concern

CRIMES - OVERVIEW UNITED STATES Model Penal Code (structure): Offenses Involving Danger to the Person Offenses against Property Offenses against the Family Offenses against Public Administration Offenses against Public Order and Decency

CRIMES - OVERVIEW ENGLAND AND WALES no criminal code for England and Wales no overarching structure to the offences forming the special part old common law distinction: treason felony misdemeanor this classification has been replaced by the distinction into “indictable offences” and “summary offences”

CRIMES - OVERVIEW INTERNATIONAL CRIMES protection of the fundamental values of the international community: the “peace, security and well-being of the world” but also protection of “the legal values of individuals” double structure: prohibited individual act committed in the context of collective violence (contextual element) crimes: genocide crimes against humanity war crimes crime of aggression