Chapter 7 Criminal Law
CHAPTER 7 – CRIMINAL LAW
7.1 Introduction
The term criminal law, sometimes called penal law, refers to various rules whose common characteristic is the imposition of punishment if one fails to comply with the rules.
In criminal law, a crime is considered as a wrong against the State. A crime may be defined as an unlawful act or an omission which is unacceptable that causes public condemnation in a form of sanction. Therefore, a crime is a wrong which affects the public welfare, a wrong for which the State has prescribed a punishment.
It is an act or omission prohibited by law because it is injurious to the public. Examples of crimes are assault, rape, theft, causing hurt, cheating and robbery.
A person who commits a crime will be prosecuted by the State, usually through the Public Prosecutor in a court of law. The main aim of criminal law is to punish the offender and does not, as a general rule, provide compensation to the victim. The victim may recover his losses through a civil litigation.
In Malaysia, definite description of acts constituting a crime and the corresponding penalty are contained in the Penal Code. The Penal Code has provided about 400 types of offences that may subject one to punishment if the crimes are committed.
7.2 Objective of Criminal Law
Criminal punishment, depending on the offence and jurisdiction, may include death penalty, imprisonment, whipping and fine. The punishment for some crimes such as murder is very severe and the penalty is death sentence. In order to understand how courts invoke punishment, we have, in the first place, to understand the objective of criminal law.
The courts have over time recognized that there are at least three aims or purposes of sentencing an offender, namely:
1. Retribution
2. Deterrence
3. Rehabilitation
7.2.1 Retribution
This is most widely accepted goal of punishing an offender i.e. the criminals ought to suffer for his act.
Retribution means punishing the offender to reflect society’s
7.1 Introduction
The term criminal law, sometimes called penal law, refers to various rules whose common characteristic is the imposition of punishment if one fails to comply with the rules.
In criminal law, a crime is considered as a wrong against the State. A crime may be defined as an unlawful act or an omission which is unacceptable that causes public condemnation in a form of sanction. Therefore, a crime is a wrong which affects the public welfare, a wrong for which the State has prescribed a punishment.
It is an act or omission prohibited by law because it is injurious to the public. Examples of crimes are assault, rape, theft, causing hurt, cheating and robbery.
A person who commits a crime will be prosecuted by the State, usually through the Public Prosecutor in a court of law. The main aim of criminal law is to punish the offender and does not, as a general rule, provide compensation to the victim. The victim may recover his losses through a civil litigation.
In Malaysia, definite description of acts constituting a crime and the corresponding penalty are contained in the Penal Code. The Penal Code has provided about 400 types of offences that may subject one to punishment if the crimes are committed.
7.2 Objective of Criminal Law
Criminal punishment, depending on the offence and jurisdiction, may include death penalty, imprisonment, whipping and fine. The punishment for some crimes such as murder is very severe and the penalty is death sentence. In order to understand how courts invoke punishment, we have, in the first place, to understand the objective of criminal law.
The courts have over time recognized that there are at least three aims or purposes of sentencing an offender, namely:
1. Retribution
2. Deterrence
3. Rehabilitation
7.2.1 Retribution
This is most widely accepted goal of punishing an offender i.e. the criminals ought to suffer for his act.
Retribution means punishing the offender to reflect society’s