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Presentation of criminal law largo sensu: criminal law and criminal sciences :

criminal law attorney and criminal sciences
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Criminal law is part of a larger whole called the criminal sciences. The difficulty is that today it is difficult to define the place occupied by the criminal law because it is difficult to apprehend where begins and where stops this vast set that are the criminal sciences.

A) Criminal Sciences and Legal Disciplines

These legal disciplines constitute the oldest rules of criminal law. Even in the most archaic societies and regardless of the origin of civilizations, the primary organization of life in community presupposes the elaboration of imperative rules whose disrespect is sanctioned. We could compare the criminal law to a tree trunk because it is a discipline that was forged after a long evolution but, today, next to a common core forced by the General Penal Law , we note that this discipline includes more and more specialties not to say ramifications.

General criminal law is neither more nor less than the law of the offense and the law of the sanction.

1) The "classical" legal disciplines

General Criminal Law: it brings together all the generic rules applicable to criminal offenses of any kind. The peculiarity of this subject is that it considers the rules of criminal law in their entirety. They are valid regardless of the nature of the offense committed, regardless of the perpetrator involved and regardless of the sanction envisaged. General Criminal Law is the criminal law of the fund par excellence.

Special Criminal Law: unlike General Criminal Law, he apprehends offenses on a case-by-case basis. This material details the constituent elements of each criminal offense.

Criminal procedure: it constitutes the criminal law of the form. It is said that this is the science of the trial. More concretely, it provides all the procedural rules applicable from the beginning to the end of the criminal trial, that is to say during the preparatory phase of the trial and during the decisive phase of the trial. The criminal trial is very methodical. First step: gather evidence to be sure of the culprit. Second step: rediscuss the elements obtained during the hearing.

2) "Modern" legal disciplines

Most of the current rules of criminal law are the result of a historical legacy that has been frozen, particularly during the elaboration of Napoleonic codes. For the substantive rules (General Penal Law and Special Criminal Law), it is the Penal Code (1810). For the rules of form, it is the Code of Criminal Procedure (1808). For 2 centuries, the legal and social landscape has evolved considerably. New aspects of criminal law have been explored. Yesterday's concerns are no longer those of today. Consequently, the orientations of the criminal law suffer from this.

--- Yesterday: some disciplines have emerged. For example, the special fate of military criminal law can be noted. For a long time, it concentrated a body of derogatory rules (exceptional jurisdictions) but today, this orientation is no longer because the soldier who commits a criminal offense falls under a common law jurisdiction. The other example is the juvenile criminal law. Very early (twentieth), the French law made the choice to reserve a particular destiny to the juvenile delinquents either at the level of rules of substance or at the level of the rules of form. This specificity of the Military Criminal Law was based on an observation; it is that the minor is not endowed with sufficient discernment to be subject to the classic rules of criminal law. At present, this orientation has raised questions and is being questioned.
--- Today: the field of application of criminal law continues to expand and explore new areas. This phenomenon results in the emergence of new disciplines or new specialties (criminal business law, medical criminal law, criminal road law).

Tomorrow: The criminal law must be considered in new dimensions. The first makes use of comparative criminal law because the legislative choices made in other countries can be transposable in France so that the foreign examples are rich of teaching. Example: among Italians, the status of repentance against the mafia in Italy (right of omerta); security detention. The other area is international criminal law. Offending is globalizing and there are elements of foreignness in the offenses.

Criminal law is part of a larger whole called the criminal sciences. The difficulty is that today it is difficult to define the place occupied by the criminal law because it is difficult to apprehend where begins and where stops this vast set that are the criminal sciences.

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