Fundamental Principles of Criminal Law and Jurisdiction

Foundations of Criminal Law

Criminal Law prescribes conduct perceived as threatening, harmful, or endangering to property, health, and safety of people, inclusive of one’s self. It is established by statute; laws are enacted by a legislature.

A crime is an act or omission that is criminalized and unlawful; it also complies with the elements of mens rea and is punishable.

Classification of Legal Systems

• Civil Law: A codified system composed of domestic legislation.
• Common Law: A legal system based on practice, legal precedents, traditions, and customs (it fills gaps in the law).
• Hybrid Law: A combination of Civil and Common Law (C+C).
• Sharia Law: Based on Sunni Islam texts.
• Customary Law: Based on tradition, practice, and custom.

Rules of Jurisdiction

Jurisdiction is the power to say what the law is and the faculty to implement it. Key principles include:

• Principle of Territoriality: Crimes committed in a state's territory.
• Active Personality: Crimes committed by a state's national.
• Passive Personality: An offense is committed against a state's national.
• Protective Principle: Crimes committed against a state's legitimate interest.

Elements of a Crime

Actus Reus

• Simple: There is only one crime (solo hay 1 crimen).
• Complex: Besides one crime, it requires something else (ademas de 1 crimen requiere otra cosa).

Mens Rea

Actio in libera causa: You have to commit an action or omission. The person doesn't have to be intoxicated or in a reflex movement. If you are in this state, you cannot be prosecuted, but if you put yourself in this state knowing you can act violently in these circumstances, you are liable.

Types of Offenses and Intent

• Intentional Offense: When a person knows what is going to happen and still acts.
  • Direct dolus: Does it and knows the consequences.
  • Dolus eventualis: Knowing what you are doing and foreseeing consequences, but you don't directly want the result, yet you accept it and continue with the action.
• Recklessness: For example, being drunk.
• Negligence: For example, a captain forgets to check fuel or doesn't want to, and they get stranded at sea.

Mental Elements

• Implicit: If nothing is said about their thoughts (si no dice nada de su pensamiento).
• Explicit: Anything that speaks of their thoughts at the moment of the crime (cualquier cosa que hable de su pensamiento en el momento del crimen).
• Special: If it includes further elements of mens rea beyond the general ones.

Sentencing and Legal Provisions

Aggravating or Mitigating Factors: These apply when the penalty is reduced (mitigando cuando se reduce la pena).

Calculation Example: Higher half from 5-10 (10-5=5; 5/2=2.5; 5+2.5=7.5). Lower half (10-5=5; 5/2=2.5; 5-2.5=2.5).

Objective Conditions: An external element that does not belong to actus reus and doesn't need to be covered by mens rea.

Absolutory Excuse: A crime is committed, but some provisions state it is excluded, so it is not treated as a crime.