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56-583: In a civil law country, a code of law typically exhaustively covers the complete system of law, such as civil law or criminal law . By contrast, in a common law country with legislative practices in the English tradition , codes modify the existing common law only to the extent of its express or implicit provision, but otherwise leaves the common law intact. In the United States and other common law countries that have adopted similar legislative practices,

112-465: A code of law is a standing body of statute law on a particular area, which is added to, subtracted from, or otherwise modified by individual legislative enactments. The legal code was a common feature of the legal systems of the ancient Middle East. Tablets discovered in the ancient city of Ebla (Tell Mardikh in modern-day Syria ) provide the earliest known evidence of a law code, dating back to 2400 BC. In addition, The UrukAgina Law Code (2380–2360 BC),

168-1070: A criminal venture or involvement in criminality that does not actually come to fruition. Some examples are aiding, abetting, conspiracy , and attempt. However, in Scotland, the English concept of Aiding and Abetting is known as Art and Part Liability . See Glanville Williams, Textbook of Criminal Law, (London: Stevens & Sons, 1983); Glanville Williams, Criminal Law the General Part (London: Stevens & Sons, 1961). While crimes are typically broken into degrees or classes to punish appropriately, all offenses can be divided into 'mala in se' and 'mala prohibita' laws. Both are Latin legal terms, mala in se meaning crimes that are thought to be inherently evil or morally wrong, and thus will be widely regarded as crimes regardless of jurisdiction. Mala in se offenses are felonies, property crimes, immoral acts and corrupt acts by public officials. Mala prohibita , on

224-531: A danger (though he did not) is tantamount to erasing intent as a requirement. In this way, the importance of mens rea has been reduced in some areas of the criminal law but is obviously still an important part in the criminal system. Wrongfulness of intent also may vary the seriousness of an offense and possibly reduce the punishment but this is not always the case. A killing committed with specific intent to kill or with conscious recognition that death or serious bodily harm will result, would be murder, whereas

280-439: A dangerous situation. On the other hand, it was held in the U.K. that switching off the life support of someone in a persistent vegetative state is an omission to act and not criminal. Since discontinuation of power is not a voluntary act, not grossly negligent, and is in the patient's best interests, no crime takes place. In this case it was held that since a PVS patient could not give or withhold consent to medical treatment, it

336-484: A day to life. Government supervision may be imposed, including house arrest , and convicts may be required to conform to particularized guidelines as part of a parole or probation regimen. Fines also may be imposed, seizing money or property from a person convicted of a crime. Five objectives are widely accepted for enforcement of the criminal law by punishments : retribution , deterrence , incapacitation , rehabilitation and restoration . Jurisdictions differ on

392-539: A defendant acted negligently , rather than intentionally or recklessly . In offenses of absolute liability , other than the prohibited act, it may not be necessary to show the act was intentional. Generally, crimes must include an intentional act, and "intent" is an element that must be proved in order to find a crime occurred. The idea of a "strict liability crime" is an oxymoron. The few exceptions are not truly crimes at all – but are administrative regulations and civil penalties created by statute, such as crimes against

448-410: A killing effected by reckless acts lacking such a consciousness could be manslaughter. On the other hand, it matters not who is actually harmed through a defendant's actions. The doctrine of transferred malice means, for instance, that if a man intends to strike a person with his belt, but the belt bounces off and hits another, mens rea is transferred from the intended target to the person who actually

504-438: A victim is particularly vulnerable. This is known as the thin skull rule . However, it may be broken by an intervening act ( novus actus interveniens ) of a third party, the victim's own conduct, or another unpredictable event. A mistake in medical treatment typically will not sever the chain, unless the mistakes are in themselves "so potent in causing death." Mens rea is another Latin phrase, meaning "guilty mind". This

560-456: Is a legal duty to act. For example, the act of A striking B might suffice, or a parent's failure to give food to a young child also may provide the actus reus for a crime. Where the actus reus is a failure to act, there must be a duty of care . A duty can arise through contract , a voluntary undertaking, a blood relation with whom one lives, and occasionally through one's official position. Duty also can arise from one's own creation of

616-405: Is a lesser variety of killing committed in the absence of malice , brought about by reasonable provocation , or diminished capacity . Involuntary manslaughter , where it is recognized, is a killing that lacks all but the most attenuated guilty intent, recklessness. Settled insanity is a possible defense. Many criminal codes protect the physical integrity of the body. The crime of battery

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672-448: Is composed of criminal elements . Capital punishment may be imposed in some jurisdictions for the most serious crimes. Physical or corporal punishment may be imposed such as whipping or caning , although these punishments are prohibited in much of the world. Individuals may be incarcerated in prison or jail in a variety of conditions depending on the jurisdiction. Confinement may be solitary. Length of incarceration may vary from

728-709: Is composed of laws called canons . The current Code of Canon Law is the second comprehensive codification of the non-liturgical laws of the Latin Church , replacing the Pio-Benedictine code which had been promulgated by Benedict XV in 1917. Pope John XXIII , when proclaiming a new ecumenical council for the Catholic Church, also announced the intention of revising the 1917 CIC. The Pontificia Commissio Codici iuris canonici recognoscendo , which had been established in 1963, worked on revising

784-508: Is considered a "physical person" according to the definition of the 1983 Code, because one is constituted a person with consequent duties and rights only by baptism . The Codex specifies conditions for the validity of a juridical act, especially in relation to form, coercion, misapprehension and lack of participation. Legal power is divided into the three authorities of legislative, executive and judicial. The ability to conduct juridical acts can be attached to an office or it can be delegated to

840-513: Is contained therein. The Justinian Code collected together existing legal material at the time. In ancient China , the first comprehensive criminal code was the Tang Code , created in 624 AD in the Tang dynasty . This, and subsequent imperial codes, formed the basis for the penal system of both China and other East Asian states under its cultural influence. The last and best preserved imperial code

896-477: Is impossible to translate perfectly into canonical language the conciliar image of the Church, nevertheless, in this image there should always be found as far as possible its essential point of reference. Thus the 1983 Code is configured, as far as possible, according to the "mystery of the Church", the most significant books – Two, Three and Four – corresponding to the munus regendi , the munus sanctificandi , and

952-428: Is more on dispute resolution and victim compensation, rather than on punishment or rehabilitation . Criminal procedure is a formalized official activity that authenticates the fact of commission of a crime and authorizes punitive or rehabilitative treatment of the offender . The first civilizations generally did not distinguish between civil law and criminal law . The first written codes of law were designed by

1008-549: Is organized into seven Books, which are further divided into Part, Section, Title, Chapter and Article. Not every book contains all five subdivisions. Organized hierarchically, the subdivisions are Most of the Code does not utilize all these subdivisions but one example is The basic unit of the Code is the canon . Its subdivisions appear as Some canons contain "numbers" without "paragraphs", while most canons contain "paragraphs", and most "paragraphs" do not contain "numbers". This

1064-691: Is the Great Qing Legal Code , created in 1644 upon the founding of the Qing dynasty . This code was the exclusive and exhaustive statement of Chinese law between 1644 and 1912. Though it was in form a criminal code, large parts of the code dealt with civil law matters and the settlement of civil disputes. The code ceased its operation upon the fall of the Qing dynasty in 1912, but significant provisions remained in operation in Hong Kong until well into

1120-686: Is the "fundamental body of ecclesiastical laws for the Latin Church ". It is the second and current comprehensive codification of canonical legislation for the Latin Church of the Catholic Church . The 1983 Code of Canon Law was promulgated on 25 January 1983 by John Paul II and took legal effect on the First Sunday of Advent (27 November) 1983. It replaced the 1917 Code of Canon Law which had been promulgated by Benedict XV on 27 May 1917. The 1983 Code of Canon Law

1176-513: Is the body of law that relates to crime . It prescribes conduct perceived as threatening, harmful, or otherwise endangering to the property , health , safety , and welfare of people inclusive of one's self. Most criminal law is established by statute , which is to say that the laws are enacted by a legislature . Criminal law includes the punishment and rehabilitation of people who violate such laws. Criminal law varies according to jurisdiction , and differs from civil law , where emphasis

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1232-453: Is the mental element of the crime. A guilty mind means an intention to commit some wrongful act. Intention under criminal law is separate from a person's motive (although motive does not exist in Scots law). A lower threshold of mens rea is satisfied when a defendant recognizes an act is dangerous but decides to commit it anyway. This is recklessness . It is the mental state of mind of

1288-640: Is the outline of the seven books of the 1983 Code of Canon Law. This part of the Codex contains the general rules concerning Legal sources are laws (including custom as a special way of legislation because of the need of the approval of the legislator), which contain universal regulations, general decrees (legislative or executory), instructions and statutes which refer to a special group, and in case of statutes are legislated by this group itself, and administrative acts, which only decide single cases. Persons are physical persons or juridic persons . Not everyone

1344-400: Is traditionally understood as an unlawful touching, although this does not include everyday knocks and jolts to which people silently consent as the result of presence in a crowd. Creating a fear of imminent battery is an assault , and also may give rise to criminal liability. Non-consensual intercourse , or rape , is a particularly egregious form of battery. Property often is protected by

1400-707: Is very different in form and content from all other civil codes. A civil code typically forms the core of civil law systems. The legal code typically covers exhaustively the entire system of private law. A criminal code or penal code is a common feature in many legal systems. Codification of the criminal law allows the criminal law to be more accessible and more democratically made and amended. van Gulik, R.H. Crime and Punishment in Ancient China: The Tang Yin Pi Shih . Orchid Press, 2007. ISBN   9745240915 , ISBN   978-974-524-091-9 . Criminal law Criminal law

1456-807: The 1917 Code of Canon Law which was replaced by the 1983 Code of Canon Law and whose Eastern counterpart is the Code of Canons of the Eastern Churches . Meanwhile, African civilizations developed their own legal traditions, sometimes codifying them through consistent oral tradition, as illustrated e.g. by the Kouroukan Fouga , a charter proclaimed by the Mali Empire in 1222–1236, enumerating regulations in both constitutional and civil matters, and transmitted to this day by griots under oath. The Continental civil law tradition spread around

1512-581: The Sumerian Code of Ur-Nammu (c. 2100–2050 BC), the Code of Eshnunna (approximately 100 years before Lipit-Ishtar), the Code of Lipit-Ishtar (1934–1924 BC), and the Babylonian Code of Hammurabi (c. 1760 BC), are among the earliest and best preserved legal codes, originating from Sumer , Mesopotamia (now Iraq ). In the Roman empire , a number of codifications were developed, such as

1568-691: The Sumerians . Around 2100–2050 BC Ur-Nammu , the Neo-Sumerian king of Ur , enacted written legal code whose text has been discovered: the Code of Ur-Nammu although an earlier code of Urukagina of Lagash ( 2380–2360 BC ) is also known to have existed. Another important early code was the Code of Hammurabi , which formed the core of Babylonian law . Only fragments of the early criminal laws of Ancient Greece have survived, e.g. those of Solon and Draco . In Roman law , Gaius 's Commentaries on

1624-569: The Twelve Tables also conflated the civil and criminal aspects, treating theft ( furtum ) as a tort . Assault and violent robbery were analogized to trespass as to property. Breach of such laws created an obligation of law or vinculum juris discharged by payment of monetary compensation or damages . The criminal law of imperial Rome is collected in Books 47–48 of the Digest . After

1680-589: The Twelve Tables of Roman law (first compiled in 450 BC) and the Corpus Juris Civilis of Justinian, also known as the Justinian Code (429–534 AD). However, these law codes did not exhaustively describe the Roman legal system. The Twelve Tables were limited in scope, and most legal doctrines were developed by the pontifices , who interpreted the tables to deal with situations far beyond what

1736-469: The mens rea or guilty mind . As to crimes of which both actus reus and mens rea are requirements, judges have concluded that the elements must be present at precisely the same moment and it is not enough that they occurred sequentially at different times. Actus reus is Latin for " guilty act " and is the physical element of committing a crime. It may be accomplished by an action, by threat of action, or exceptionally, by an omission to act, which

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1792-438: The munus docendi (the "missions" of governance, of worship/sanctification, and of teaching) which in turn derive from the kingly, the priestly and the prophetic roles or functions of Christ . The 1983 Code of Canon Law contains 1752 canons , or laws, most subdivided into paragraphs (indicated by "§") and/or numbers (indicated by "°"). Hence a citation of the Code would be written as Can. (or Canon) 934, §2, 1°. The Code

1848-405: The 1917 Code of Canon Law through the pontificate of Paul VI , completing the work in the first years of the pontificate of John Paul II . On 25 January 1983, with the apostolic constitution Sacrae disciplinae leges , John Paul II promulgated the 1983 Code of Canon Law for all members of the Catholic Church who belonged to the Latin Church . It entered into force the first Sunday of

1904-500: The 1970s due to a peculiar interaction between it and the British common law system. In Europe, Roman law , especially the Corpus Juris Civilis , became the basis of the legal systems of many countries. Roman law was either adopted by legislation (becoming positive law ), or through processing by jurists. The accepted Roman law is usually then codified and forms part of the central Code. The codification movement gathered pace after

1960-525: The 1983 Code in this way: The instrument, which the Code is, fully corresponds to the nature of the Church, especially as it is proposed by the teaching of the Second Vatican Council in general, and in a particular way by its ecclesiological teaching. Indeed, in a certain sense, this new Code could be understood as a great effort to translate this same doctrine, that is, the conciliar ecclesiology, into canonical language. If, however, it

2016-634: The Americas, the influence of Continental legal codes has manifest itself in two ways. In civil law jurisdictions, legal codes in the Continental tradition are common. In common law jurisdictions, however, there has been a strong trend towards codification. The result of such codification, however, is not always a legal code as found in civil law jurisdictions. For example, the California Civil Code largely codifies common law doctrine and

2072-792: The German Bürgerliches Gesetzbuch , and also influenced by the Japanese code. This new tradition has been largely maintained in the legal system of the People's Republic of China since 1949. Meanwhile, codifications also became more common in common law systems. For example, a criminal code is found in a number of common law jurisdictions in Australia and the Americas , and continues to be debated in England . In

2128-565: The Piedmontese lawyer and statesman Giulio Claro (1525–1575). The development of the state dispensing justice in a court clearly emerged in the eighteenth century when European countries began maintaining police services. From this point, criminal law formalized the mechanisms for enforcement, which allowed for its development as a discernible entity. Criminal law is distinctive for the uniquely serious, potential consequences or sanctions for failure to abide by its rules. Every crime

2184-529: The act itself. For this reason, it can be argued that offenses that are mala prohibita are not really crimes at all. Public international law deals extensively and increasingly with criminal conduct that is heinous and ghastly enough to affect entire societies and regions. The formative source of modern international criminal law was the Nuremberg trials following the Second World War in which

2240-558: The criminal law. Trespassing is unlawful entry onto the real property of another. Many criminal codes provide penalties for conversion , embezzlement , and theft , all of which involve deprivations of the value of the property. Robbery is a theft by force. Fraud in the UK is a breach of the Fraud Act 2006 by false representation, by failure to disclose information or by abuse of position. Some criminal codes criminalize association with

2296-399: The decision to reform the existing Code, laid down that "the teaching of Canon law should take into account the mystery of the Church, according to the dogmatic constitution De Ecclesia ". The 1917 Pio-Benedictine Code was in fact structured according to the Roman law division of "norms, persons, things, procedures, penalties". John Paul II described the ecclesiological inspiration of

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2352-547: The faithful Pars dynamica (trial procedure) Canonization Election of the Roman Pontiff Academic degrees Journals and Professional Societies Faculties of canon law Canonists Institute of consecrated life Society of apostolic life The 1983 Code of Canon Law (abbreviated 1983 CIC from its Latin title Codex Iuris Canonici ), also called the Johanno-Pauline Code ,

2408-635: The following Advent , which was 27 November 1983. In an address given on 21 November 1983 to the participants in a course at the Gregorian University in Rome on the new Code of Canon Law , the Pope described the new code as "the last document of Vatican II ". While there have been many vernacular translations of the 1983 Code , only the original Latin text has the force of law. The Vatican II decree Optatam totius (no. 16), in view of

2464-929: The leaders of Nazism were prosecuted for their part in genocide and atrocities across Europe . The Nuremberg trials marked the beginning of criminal fault for individuals, where individuals acting on behalf of a government can be tried for violations of international law without the benefit of sovereign immunity. In 1998 an International criminal court was established in the Rome Statute. 1983 Code of Canon Law Jus novum ( c.  1140 -1563) Jus novissimum ( c.  1563 -1918) Jus codicis (1918-present) Other Sacraments Sacramentals Sacred places Sacred times Supra-diocesan/eparchal structures Particular churches Juridic persons Philosophy, theology, and fundamental theory of Catholic canon law Clerics Office Juridic and physical persons Associations of

2520-437: The other hand, refers to offenses that do not have wrongfulness associated with them. Parking in a restricted area, driving the wrong way down a one-way street, jaywalking or unlicensed fishing are examples of acts that are prohibited by statute, but without which are not considered wrong. Mala prohibita statutes are usually imposed strictly, as there does not need to be mens rea component for punishment under those offenses, just

2576-419: The patient would die. An actus reus may be nullified by an absence of causation . For example, a crime involves harm to a person, the person's action must be the but for cause and proximate cause of the harm. If more than one cause exists (e.g. harm comes at the hands of more than one culprit) the act must have "more than a slight or trifling link" to the harm. Causation is not broken simply because

2632-417: The person at the time the actus reus was committed. For instance, if C tears a gas meter from a wall to get the money inside, and knows this will let flammable gas escape into a neighbour's house, he could be liable for poisoning. Courts often consider whether the actor did recognize the danger, or alternatively ought to have recognized a risk. Of course, a requirement only that one ought to have recognized

2688-540: The requirement of an actus reus or guilty act . Some crimes – particularly modern regulatory offenses – require no more, and they are known as strict liability offenses (E.g. Under the Road traffic Act 1988 it is a strict liability offence to drive a vehicle with an alcohol concentration above the prescribed limit). Nevertheless, because of the potentially severe consequences of criminal conviction, judges at common law also sought proof of an intent to do some bad thing,

2744-690: The revival of Roman law in the 12th century, sixth-century Roman classifications and jurisprudence provided the foundations of the distinction between criminal and civil law in European law from then until the present time. The first signs of the modern distinction between crimes and civil matters emerged during the Norman Invasion of England. The special notion of criminal penalty, at least concerning Europe, arose in Spanish Late Scholasticism (see Alfonso de Castro ), when

2800-708: The rise of nation-states after the Treaty of Westphalia . Prominent national civil codes include the French Napoleonic Code ( code civil ) of 1804, the Austrian civil code ( Allgemeines Bürgerliches Gesetzbuch ) of 1812, the German civil code ( Bürgerliches Gesetzbuch ) of 1900 and the Swiss codes . The European codifications of the 1800s influenced the codification of Catholic canon law resulting in

2856-509: The theological notion of God's penalty (poena aeterna) that was inflicted solely for a guilty mind, became transfused into canon law first and, finally, to secular criminal law. Codifiers and architects of Early Modern criminal law were the German jurist Benedikt Carpzov (1595–1666), professor of law in Leipzig , and two Italians, the Roman judge and lawyer Prospero Farinacci (1544–1618) and

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2912-463: The traffic or highway code. A murder , defined broadly, is an unlawful killing. Unlawful killing is probably the act most frequently targeted by the criminal law. In many jurisdictions , the crime of murder is divided into various gradations of severity, e.g., murder in the first degree , based on intent . Malice is a required element of murder. Manslaughter (Culpable Homicide in Scotland)

2968-432: The value to be placed on each. Many laws are enforced by threat of criminal punishment , and the range of the punishment varies with the jurisdiction. The scope of criminal law is too vast to catalog intelligently. Nevertheless, the following are some of the more typical aspects of criminal law. The criminal law generally prohibits undesirable acts . Thus, proof of a crime requires proof of some act. Scholars label this

3024-659: The world along with European cultural and military dominance in recent centuries. During the Meiji Restoration , Japan adopted a new Civil Code (1898), based primarily on the French civil code and influenced by the German code. After the Xinhai Revolution of 1911 in China, the new Republic of China government abandoned the imperial code tradition and instead adopted a new civil code strongly influenced by

3080-451: Was for the doctors to decide whether treatment was in the patient's best interest. It was reasonable for them to conclude that treatment was not in the patient's best interest, and should therefore be stopped, when there was no prospect of improvement. It has always been illegal to take active steps to cause or accelerate death, although in certain circumstances it was lawful to withhold life sustaining treatment, including feeding, without which

3136-495: Was struck.[Note: The notion of transferred intent does not exist within Scots' Law. In Scotland, one would not be charged with assault due to transferred intent, but instead assault due to recklessness. Strict liability can be described as criminal or civil liability notwithstanding the lack of mens rea or intent by the defendant. Not all crimes require specific intent, and the threshold of culpability required may be reduced or demoted. For example, it might be sufficient to show that

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