Unit 19: C R I M E

Learning outcomes of the Unit 19  Students will be able to: 1.define crime 2.explain different classifications of crimes (Criminal Law Act, 1967, target of crime) (Criminal Law Act, 1967, target of crime) 3.provide examples of serious and less serious crimes and define them 4.explain the reasons for the exemptions from criminal liability 5.discuss some key parts from the Croatian Criminal Law Act

Definition of crime…. A crime is any act or omission (of an act) that violates the law and is punishable by the state. Crimes are considered injurious to society or the community. Crimes include a)Felonies – more serious offences (murder, rape) b)Misdemeanours – minor crimes (petty theft, speeding). (Source:Brieger Nick: Professional English, Penguin, 2006.) (Source:Brieger Nick: Professional English, Penguin, 2006.)

CLASSIFICATION OF CRIMES IN THE UK LAW INDICTABLE OFFENCES Triable on indictment in a Crown Court (judge + jury) SUMMARY OFFENCES Triable summarily in a Magistrates’ Court (judge without a jury) BEFORE THE CRIMINAL LAW ACT FROM 1967 treason felony (more serious Crimes) misdemeanour (less serious crimes) The distinction became unsatisfactory because some misdemeanours were more serious than certain felonies.

Examples of serious criminal offences…  Felonies: ENGLISH CROATIAN ENGLISH CROATIAN murder (with malice aforethought) __________ murder (with malice aforethought) __________ manslaughter __________ manslaughter __________ rape ___________ rape ___________ arson ___________ arson ___________ burglary ___________ burglary ___________ theft ___________ theft ___________ bigamy ___________ bigamy ___________

Examples of less serious criminal offences…  Misdemeanours: ENGLISH CROATIAN ENGLISH CROATIAN minor assaults __________ minor assaults __________ conspiracy __________ conspiracy __________ perjury ___________ perjury ___________ blasphemy ___________ blasphemy ___________ fraud ___________ fraud ___________ various road traffic offences ___________ various road traffic offences ___________

CLASSIFICATION AFTER THE The Criminal Law Act from 1967 INDICTABLE OFFENCES Triable in a Crown Court (judge + jury) ARRESTABLE OFFENCES - Sentence is fixed by law - Imprisonment for 5 or more years - Arrest by anybody without a warrant OTHER INDICTABLE OFFENCES -No power of arrest SUMMARY OFFENCES Triable in a Magistrates’ Court (judge) NEW SITUATION treason other indictable offenes arrestable offences

CLASSIFICATION ACCORDING TO THE TARGET OF OFFENCE a) Offences against the State a) Offences against the State b) Offences against the person b) Offences against the person c) Offences against the property c) Offences against the property Find examples for each group (book, p. 86)

ACTORS and ROLES IN A “CRIME STORY” The criminal / accused – commits a guilty act Assisting offenders – assist the main criminal Persons guilty of incitement to a crime PRESUMPTION OF INNOCENCE!!! (The accused is persumed innocent until proved by the prosecution in a court of law to be guilty.) The prosecutor – secures conviction - proves that the accused is guilty of a crime

EXEMPTIONS FROM CRIMINAL LIABILITY a) something had deprived a person of his or her free will and self-control (e.g. insanity, coercion or necessity) (e.g. insanity, coercion or necessity) b) he or she is one of the class of persons subject to special rules (immunity of foreign sovereigns and diplomats, minors under ten years, etc.) (immunity of foreign sovereigns and diplomats, minors under ten years, etc.)

Which type of a crime is it? 1.An attempt to use illegal force on another person is _____ 2.The unlawful killing of a person without malicious intent and therefore without premeditation is ______ and therefore without premeditation is ______ 3.Any instance in which one party deceives or takes unfair advantage of another is ______ advantage of another is ______ 4.The unlawful taking of another’s property using a dangerous weapon is _______ 5.The crime of breaking into a private home with the intention of committing a felony is ________ 6.Taking the property of another without right or permission is ___________ is ___________

Answer the following questions. – PART 1 1.What is a possible definition of crime? 2.Which are the two major groups of crimes? 3.Who is in charge of trying indictable offences? 4.What kind of offences are triable in a Magistrates’ Court? 5.Which legal document was the beginning of a new period in the classification of crimes? 6.How were indictable offences classified before 1967? 7.What was the difference between felony and misdemeanour before the Act?

Questions – PART 2 8. Why was this distinction unsatisfactory in more recent times? 9. What was the result of the new division, when the categories felony and misdemeanour were not good enough any more? 10. How can crime be divided according to its target? 11. What are the major tasks of the prosecution when dealing with a crime? 12. How should the accused be treated in terms of his guilt? 13. Who can be exempted from criminal liability? 14. Which offences are punishable according to special rules of law?

Read the following parts from the Croatian Criminal Law and compare with the English system. - Part I Članak 8.   (1) Kazneni postupak za kaznena djela pokreće Državno odvjetništvo u interesu Republike Hrvatske i svih njezinih građana.   (2) Iznimno za određena kaznena djela može se zakonom propisati da se kazneni postupak pokreće privatnom tužbom ili da Državno odvjetništvo pokreće kazneni postupak povodom prijedloga.

Part II - Children and criminal liability Članak 10. Kazneno se zakonodavstvo ne primjenjuje prema djetetu koje u vrijeme kad je počinilo kazneno djelo nije navršilo četrnaest godina života. Članak 11. Prema mladim počiniteljima kaznenih djela (maloljetne osobe i mlađe punoljetne osobe) primjenjuje se ovaj Zakon osim ako posebnim zakonom za mlade počinitelje nije drukčije propisano.

Translate the following definition of a guilty act. KAZNENO DJELO   Članak 25.   (1) Kazneno djelo može se počiniti činjenjem ili nečinjenjem.   (2) Kazneno djelo je počinjeno nečinjenjem ako je počinitelj koji je pravno obvezan spriječiti nastupanje zakonom opisane posljedice kaznenog djela to propustio učiniti, a takvo je propuštanje po djelovanju i značenju jednako počinjenju tog djela činjenjem.