Speech ingles IV unlam

CRIMINAL LAW

Good afternoon, ladies and gentlemen. First of all, let me thank you all for coming here today.  Let me introduce myself. I am Fabián Leonardo and I am Head of Law Department here at National University of La Matanza.

As you can see on the screen, we will talk about a branch of Public Law which is called Criminal Law. Do you know what is Criminal Law? It is better known in our country as Penal Law and it is very important for us because is one of the devices by which organized societies protect the security of individual interest and ensure the survival of the group.

By the end of this talk, you will be familiar with concepts such as law, crime, responsibility, offenses, penalties and apprehension, among others.

I have divided my presentation into three parts. I will start of defining Criminal Law and talking about the different fields which are included in it. Then, I will move on to the keystone of Criminal Law, which is the principle of legality. I will end with the elements of crime, talking in depth above the mental element.

Let´s start.

DEFINITION     Criminal law is the body of rules and statutes that defines the offences against the community at large. It regulates how suspects are investigated, charged and tried. The law also provides the punishments for convicted offenders.

The term criminal law is used to include all that is involved in ‘the administration of justice.’ In this sense it embraces three different fields: substantive criminal law, criminal procedure and the special problems in administration and enforcement of criminal justice. However, the phrase criminal law as it is commonly used includes only substantive criminal law. Substantive criminal laws define particular crimes. In contrast, criminal procedure describes the process through which the criminal laws are enforced or it establishes rules for the prosecution of crime.

In criminal law, punishment is allowed due to the wrongful intent involved in the crime. A punishment such as incarceration seeks to give any victim involved retribution against the offender, deter the criminal from future criminal acts, and hopefully rehabilitate the offender. This is distinguished from civil law, which seeks to compensate the injured party rather than punish the wrongdoer.

Criminal statutes describe the type of conduct that has been deemed a crime, the intent required, and in some instances, the proper punishment. In a criminal case, the state, through a prosecutor, initiates the suit, while in a civil case, the victim brings the suit.

Justifications for punishment typically take five forms: retributive; deterrence; preventive; rehabilitative; and restitutionary. There are limitations on the punishment that may be imposed.  One of the limitations is legality.

LEGALITY

It is employed in four senses:  First, there can be no crime without a rule of law. Immoral or antisocial conduct not forbidden and punished by law is not criminal. A person may not be prosecuted under a criminal law that has not been previously published. Second, criminal statutes must be interpreted strictly and they can´t be applied by analogical extension. If a criminal statute is ambiguous in its meaning or application, it is often given a narrow interpretation favorable to the accused.  Third, the application of the law retroactively is forbidden. In order that a person may be convicted, a law must have been in effect at the time the act was committed. Fourth, the language of criminal statutes must be as clear and unambiguous as possible in order to provide fair warning to the potential lawbreaker. In some countries statutes may be even considered inapplicable if they are vague.

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