United Arab Emirates

Al Ain University of Science and Technology

Report on

criminal law
Name :
ID :
Name :
ID :

2012- 2011

 Index
Title Page

No

Cover

The index

2
3

Introduction

criminal law
Objectives of criminal law
5
Criminal law jurisdictions
The role of criminal
The development of criminal law:
Rooting philosophical to the Criminal Code:
Traditional school
Traditional school of modern
Italian positive school
School of Social Defence
Content of the criminal law

6
7-8

9-12

Images attempt:

13

Contribution, participation and active moral

14-15

Conclusion

16

References

17

 Introduction
The first civilizations generally did not distinguish between civil law and criminal
law. The important elements are mens rea and actus reus. The first written codes
of law were designed by the Sumerians. Around 2100-2050 BC Ur-Nammu, the
Neo-Sumerian king of Ur, enacted the oldest 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 Hammurabi, which formed the core of Babylonian law. These
early legal codes did not separate penal and civil laws. Of the early criminal laws
of Ancient Greece only fragments survive, e.g. those of Solon and Draco.
The Old Bailey in London (in 1808) was the venue for more than 100,000 criminal
trials between 1674 and 1834, including all death penalty cases.The similarly
significant Commentaries of Gaius on the Twelve Tables also conflated the civil
and criminal aspects, treating theft or 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 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 Scolasticism (see Alfonso de
Castro), when 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.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 had formalized the
mechanisms for enforcement, which allowed for its development as a discernible
entity.

 criminal law :
Criminal law is a set of legal rules governing the State criminal acts and penalties,
which Maihamlh responsibility to address every action leads to the creation of
disgraceful disorder in the community center
The Moroccan legislator uses the term criminal law, while the Mashreq countries
use the term Penal Code and the Penal Code, which result from the criminal act is
directed to the following expressions
- The term criminal law focuses on misdemeanor and felony without violating
- The term sanctions is widespread in Egypt, maligned him as a Temth
precautionary measures and preventive
Penalty term which is prevalent in Kuwait, Jordan and Syria, said the sanctions
and measures together, and because there was general and administrative civil
penalty as Balzger suggests a lack of deterrence and maligned him
We can say that the term is closer to the criminal legal logic since there is no good
to express all the main part
It is clear from this topic Alkhtath stages of the application of criminal law
criminal act inefficacy of criminal law without ignition fuse punishment
no crime or punishment except text punishment prescribed by the law
Thus, it is clear that criminal law concerned with deprivation and objective
definition of crimes and penalties and the various measures, and the Criminal
Procedure is a procedural law of the form
Private law and examines each crime separately in terms of both staff and the
conditions that result in
Concept of the state in criminal law shows that legal rules determine the control
Lalla effective criminal sanctions and remains relatively according to different
time, place and Maysodh socially, economically and politically.

 Objectives of criminal law

Criminal law is distinctive for the uniquely serious potential consequences or sanctions
for failure to abide by its rules. Every crime 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 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 restitution. Jurisdictions differ on the value
to be placed on each.
Retribution Criminals ought to suffer in some way. This is the most widely seen goal.
Criminals have taken improper advantage, or inflicted unfair detriment, upon others and
consequently, the criminal law will put criminals at some unpleasant disadvantage to
"balance the scales." People submit to the law to receive the right not to be murdered
and if people contravene these laws, they surrender the rights granted to them by the law.
Thus, one who murders may be murdered himself. A related theory includes the idea of
"righting the balance."
Deterrence Individual deterrence is aimed toward the specific offender. The aim is to
impose a sufficient penalty to discourage the offender from criminal behavior. General
deterrence aims at society at large. By imposing a penalty on those who commit offenses,
other individuals are discouraged from committing those offenses.
Incapacitation Designed simply to keep criminals away from society so that the public
is protected from their misconduct. This is often achieved through prison sentences today.
The death penalty or banishment have served the same purpose.
Rehabilitation Aims at transforming an offender into a valuable member of society. Its
primary goal is to prevent further offense by convincing the offender that their conduct
was wrong.
Restitution This is a victim-oriented theory of punishment. The goal is to repair,
through state authority, any hurt inflicted on the victim by the offender. For example, one
who embezzles will be required to repay the amount improperly acquired. Restitution is
commonly combined with other main goals of criminal justice and is closely related to
concepts in the civil law, that is to say returning the victim to his original position
5

 Criminal law jurisdictions

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 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.

The role of criminal

The rules of criminal law rules of law to the availability of properties where the
command of the rules as I aspire to goals related to critical social and political
entity, as the criminal law branch of the common law
Are employed and the general criminal law for the common good and the nappy on
the structure of the state and not to harm them socially at the level of the
individual, family and communityBut in political terms worked to respect the
principles sought by the State Constitution, by institutions that political, religious
and Tagafah it effectively check the feasibility of such rules and legal scholars of
this role it wrong

The development of criminal law:

Over the criminal law of several developments during the periods of time
representing various styles and forms of human populations, ranging from human
populations first characterized by the weak level Altndeim out, Ed
Atkhaddalansinan Andak clan Oalaqbilh form or as a frame of social authorizing
him to enter with others into transactions and relations of the thing my father
reflects Alajtmaaaah nature of man. As I said before, what might be called a
criminal law of that era had been dominated by the nature of revenge that any
dispute resolution DAT criminal nature it is through the activation of Ndham
revenge from each of the up to date can be considered to prejudice the honor of an
individual tribe or tribe in particular
6

 Rooting philosophical to the Criminal Code:

Traditional school
Department of Jurisprudence some supporters of this school into two parts:
1- Department headed "Beccaria", which started from the idea of necessity, so
that the basis for the punishment to achieve public benefit to the State, which
alone has the power to criminalization and punishment, permission must be
the creation of proportionality between crime and punishment, and therefore
be "Beccaria" the first to call the principle of legal punishment .
2- Department led Bntnamr is completely contrary to Beccaria, where the idea
stems from the utility, so that the punishment depends on Bmnftha so called
sanctions until the signing of the doctrine called "the doctrine of deterrence,
punishment"
Valtfred at this school was based on strict liability
Estimated on the basis of the gravity of the injury without regard to the case of an
updated psychological damage
The function of punishment Vtkon in the defense of society in a reply
Traditional school of modern
This school originated as a reaction to the criticism of the antecedents of the neglect
of the personality of the offender, and the owners of this school tried to reconcile the
idea of benefit, and the idea of justice as advocated by "the."
But differences between the two schools comes from the look of each to freedom of
choice in humans, while the declared traditional school the first character at all, and
an abstract of the freedom of choice, the modern school that had admitted the freedom
of choice but it gave her character is relatively scalable from one person to another,
has been for this school influence over Moroccan legislator "Chapter 135".
I have tried to develop the modern traditional school experience to individualize the
sentence on the basis of degree of responsibility, because the latter is based on the
idea of freedom and justice so requires an appropriate starting point penalty for the
degree of freedom. But the most important thing is taken to this school "traditional
modern" there is no proper measure of liberty to prove the thing that has pushed to
find a scientific basis, but what are the pillars of the school situation?

 Italian positive school

The Italian positive school is the school appeared in the nineteenth century, the
most prominent pioneers, we find perhaps the most important thing brought him
this school is Aelloukaahalta measures were not known before.
2 - the ideas of this school: The Italian positive school, she appeared as a result of
a natural and inevitable, given the circumstances that were the human
communities from injustice, oppression and exploitation and oppression and
tyranny.
The individual was punished and tried without that there will be rights of the
defense, without regard for the humanity and dignity, said the pioneers of the
school need to link between the crime committed and the punishment that affect the
offender no need to submit to the principle of legality that: (do not Jerimaola
death, but the text). It also came a new idea is that the criminal who does not work
with him to imprisonment or imprisonment, subject to a safeguard measure or
precaution which is commensurate with the size Jerimaalta committed. But what a
shame this school, it is said that anyone who meets the description of the person
must be exposed to one of preventive measures, even if not committed any act
punishable by law, in violation of the principle as long as called for by the
Craeihalta.
School of Social Defence
Appeared this school at the hands of al-Faqih Italian "Filho Karamateka" and al-Faqih
"Mark slipped away" and take the same ideas of the school situation, Ktksam criminals
and the adoption of measures and the denial of freedom of choice when the offender, as it
does not recognize the responsibility of the offender criminal for refusing the idea of
guilt, Velmejrm at this school, the patient must be repaired and social evaluation.
And to achieve these results needs to be a policy based on the following basis:
Adoption of the experimental data of Sciences to examine the personal and the offender
sign the appropriate measure for each case. the penalty remains a successful way to
protect society from social disruption. The need for diversity and punishment measures
to achieve the very society. bring the law of social defense created through social
exclusion and criminal law. This school has not received from the arrows of criticism, so
that the exclusion of criminal law as an instrument of coercive state and a way to
strengthen the criminal policy could lead to destabilize the structure of the state.

 Content of the criminal law

Respect to the offenses of criminal law, any acts that are harmful to society. And
vary in terms of serious crimes between mere disorderly conduct and murder. The
Criminal Code of these crimes, sets the rules for the arrest of criminals, and the
possibility of prosecution, and penalties for offenders. The so-called non-criminal
law civil law, although the meaning of that will be discussed later. However, some
crimes are also damaged, the injured party may claim compensation under civil
law. The central government in most countries most of the issuance of criminal
laws. In some countries, such as Australia and the United States, each state, as the
Federal Government, a set of criminal laws. However, we must protect the
criminal laws of each state the rights and freedoms guaranteed by the federal
constitutional law.
Crime
The concept of crime Ptnazaah the legal definition and social definition.
The legal definition is taken by the Moroccan legislator said in chapter 110 of the
Criminal Code: "Crime is an act or omission which is contrary to the Criminal
Code and punishable pursuant thereto."
In examining this chapter, we find that the legislature has omitted bug criminality
and is not provided only on the physical and legal pillars with the omission of the
mental element.
The definition of social crime has taken its first chapter of the criminal group
which provides for the criminalization bug, saying: "criminal legislation
determines human actions prepared by the crimes because of the impact of social
disorder and requires perpetrators penalties enjoined or preventive measures
Even the concept of crime more clearly must include three elements. Crime strict
legal sense does not only the availability of general conditions, called the pillars of
the elements of crime in general and to the side of the General Staff to be the
availability of special elements of the crime varies from crime to another, and is
called the elements of the legal text and take care of your selected.
Elements of the crime
In legal terms is not the act or omission a crime only if provided for by an explicit
provision in the law (corner legal), has been committed or attempted commission
directed to the outside world (material element), so by a person of sound mind
9

capable of discrimination and has the will and understanding for of the facts
committed by the (mental element). Thus, the elements of the crime three pillars:
Legal corner:
The legislature can not create crimes and not to appoint her sanctions unless the
text of the intervention by the legal guarantee rights of individuals and society.
And in so doing decide the principle of the legitimacy of criminalization and
punishment and the principle of legality is a universal principle take every modern
legislation is the principle of protecting the individual from the control can not
eliminate punishment only for acts which he considered the legislator crimes not
punished, but the penalties set by the terms of the type and amount of the text of the
former, Thus,'s actions the individual is not punishing, unless the law to
criminalize and set it to punishment according to the principle of "no crime or
punishment except by law" and this principle was common even in the systems and
the ancient laws such as law, Roman and Greek, and Islamic law, we find
applications of him through the verse: " And We never punish until We have sent a
messenger, "and that this rule is only the realization of the principle of the
famous." original innocence and the human origin of things is permitted. "
In the Moroccan legal system, we find confirmation of this principle through
Chapter 3 of the Criminal Code, but most of this is that this rule is a rule protected
by the Constitution.
Material element:
The criminal law and contrary to the ethics and religious rights are not punished
for his thoughts and his feelings and his intentions and feelings as long as the
trapped Mkhilath. Does not begin the work of law unless embodied these ideas and
has taken a tangible form. Because the basis of criminality is caused by the crime
of social unrest and ideas as long as in the imagination of the owner does not give
rise to any defect in the community, but should remove them to the outside world
because in this case alone can be damaging to society and the behavior of physical
external punishable with him may be generally positive take a picture action
(positive activity) as it can be limited to just abstain or not to do the event that the
law orders him to do (passive activity).
The physical elements of the corner:
The nature of the business components of this element according to the type of
crime, in the crimes formal or crimes of behavior is in the form of action or refrain
from action warn the law regardless of what may have about the results of the
10

crimes result Felthakq material element to be an act in and check the result of a
criminal and the presence of causal relationship between them
The mental element:
The departure of the will of the person to commit a particular crime, verb or
omission contrary to the law should be issued for the actor is aware of his
behavior and the selection and knowledge of the incident by the next in terms of
physical and legal. Is that individuals may have committed crimes error, which is
intentional crimes but committed through negligence or lack of foresight or
precaution, or non-observance of regulations and laws, for example, "crimes of
traffic accidents."
Sort crimes:
A result of crimes by seriousness and penalties have to:
A / - Criminal Chapter "crime punishable by the legislature in one of the following
penalties: death or life imprisonment or temporary, from 5 to 30 years old or
house arrest or deprivation of national rights.
B / - misdemeanors :It is of two types: the cover of disciplinary a crime punishable
by law by imprisonment in excess of a maximum of two years and not more than
five years, and the cover of seizure a crime punishable by law by imprisonment not
exceeding a maximum of two years or a fine of more than AED 1200.
C / - irregularities: a crime punishable by death legislator detention for less than a
month or a fine of not more than AED 1200.
What to do:
Prevent the occurrence of street crimes year, and this requires firmness and
vigilance in the performance of the task.
Before the intervention must make sure that the act constitutes a crime perpetrator.
In the case of the person committing the crime, especially crimes and
misdemeanors should be stopped, detained and stripped of all a serious tool, to
establish his identity and taken to the nearest police department.
In case of violation, the identity of the offender must be taken and adjust the
offense committed without stopping or Syakth to the interests of the police.
If the criminal law is not punished on the ideas and intentions are not punished as
a general rule on the stage of preparation to commit the crime, it began to
interfere with punishment if the offender in the implementation of the physical
corner of the crime. If successful in the implementation of his crime before the
11

crime we were full. But if we failed to score before the crime is missing. Or as
called by the legislator "attempt" has been provided for in Chapter 114 BC. C,
saying: "Every attempt to commit a felony seemed to begin to implement or work
unequivocally aimed directly only commit, if you did not stop the implementation,
or did not get the desired impact, unless the circumstances of beyond the control of
the perpetrators are Kganaah full, and punishable as such. "
Based on the previous text can extract the following elements:
Criminal intent: There must also be directed to the offender will commit a crime of
any full all of its elements, where the offender intended to engage in behavior and
to achieve a particular result, hence the deliberate attempt is always a crime with
criminal intent.
Start of implementation: this means that the offender begins and proceed with the
implementation of the material element of the crime any act aimed at achieving the
outcome, do not try, then if you did not start the perpetrator of the crime or did not
come any act unequivocally aimed directly behind him to achieve his crime.
Lack of voluntary reverse: this means stop the criminal element from the
completion of the physical element of the crime because of circumstances not
income to the will of the offender. There is an external circumstance or objection is
transferred without intervening complete the implementation. And if it finds the
offender while he was away with the police coming towards the place of the
accident, this reverse involuntary.

12

 Images attempt:
Three copies of the bid are: Crime suspended, failing crime, the crime impossible.
- Crime suspended:
It stands by the work force for reasons external to the will of the offender before he
takes what prepared means to commit the crime. And so that the person pointing a
gun towards his opponent, and when the matter to shoot a third person Vinzaa
realize it is threatened by the gun or his weapon if he carried out his crime. Here,
the activity is not a crime to be suspended.
Crime failing:
Is a crime that can not be achieved without reverse the outcome of the criminal
offender or interference of any foreign workers even though the actor exhausted all
the activities that I think it will lead him to the result he wanted. An example that
someone wants to steal money and when someone else put his hand in his pocket,
he finds empty of cash.
Crime: Impossible:
A crime that can not be achieved where the result is criminal because it is not
possible and impossible, and an example of this: "trying to abort a woman is not
pregnant."
Punishment:
Try felony: punishable by the penalty prescribed for the felony complete
Try misdemeanor: punishable by law if the text explicitly that the penalty
prescribed for such offense
Try the offense: is not punishable at all.
Example: A person who stood in front of a shop at night, you might do it for
consideration to the clothes displayed in the glass facade of the shop, or perhaps
stolen.
Vhars Security can not inquire about that person is standing, but if you initiated
the breaking glass facade, then the time to intervene and try to stop him because
the crime have been achieved.

13

 Contribution, participation and active moral

May be unique to one person, the design and execution of the crime, and may be
implemented more than an active one, and takes multiple offenders are legally two
forms:
A - Contribution:
Not known to contribute to the Moroccan legislator, but exposure to the
shareholder, through Chapter 128 of the Criminal Law, where he says: "Crime is a
contributor to every person who commits an act of physical implementation for it."
In contributing to each one of the perpetrators to implement some of the facts
constituting the offense as if the two people break down the door of the shop and
taking over its contents. And again, someone poured gasoline on the house and
another sets fire on them. Valmsahm be effective because it has an original act of
physical implementation of the crime. Valmsahmun are involved in major projects
to bring the criminal into being, so they are indigenous actors. They borrow from
the criminal described the facts of the crime.
B - post:
If the participant, and in contrast to the shareholder does not commit any act of
physical implementation of the crime, but his work is limited to assist the
shareholder if the secondary works not included in the elements of the crime
example: to provide a weapon for someone else to use it in the murder. Thus it can
be said that the participants are those who work in the output of secondary
criminal enterprise came into existence, and they always borrow from criminal
actors described the original.
The Moroccan legislator referred to participate in the crime through Chapter 129
of the c, which states that: "The participants in the felony or misdemeanor who
does not contribute directly to implementation, but it came one of the following
acts:
Is committing the act or incited to commit, and that the gift or promise or threat or
abuse of authority or jurisdiction or fraud or criminal fraud
14

Provided weapons or tools or any other means used in committing the act with the
knowledge that they will be used for that
Help or aided the perpetrator or perpetrators of crime in the preparations or
laxatives to work with committed knowingly;
Back to provide housing or shelter or meeting place for one or more of the bad
guys who practice banditry or violence against state security or public security or
against persons or property with knowledge of their behavior criminal
On the basis of the text can be said that the conditions for participation is zero, one
no longer participate and those conditions are:
Conditions for participation:
Check one of the cases provided for in Chapter 129 of the law c.
Aware of what the participant intends to do the original actor, is given a tool or
housing, or assistance, or other cases mentioned, and this is essential to having
had criminal intent for the establishment of criminal responsibility.
The existence of an act provided for the major criminalized in the Criminal Code
of the type of felony or misdemeanor.
Punishment:
Chapter 130 of the c states: "participating in a felony or misdemeanor penalty
prescribed for such felony or misdemeanor." Chapter 131 and adds that personal
circumstances do not affect only those who have it, but circumstances kind of
crime they produce effect for all shareholders or participants even if they realize.
The irregularities do not participate in the punishment on them at all as provided
for in Chapter 129 of the Act in its final paragraph c.
C - the moral actor:
Chapter 131 of the c law provides that: "Download of the person who is not
punishable, because of his or her described as personal, to commit a crime, it
punished the crime committed by this person."
15

 Conclusion

Criminal law, as opposed to civil law, is the body of law that relates to crime.
It might be defined as the body of rules that defines conduct that is not
allowed because it is held to threaten, harm or endanger the safety and
welfare of people, and that sets out the punishment to be imposed on people
who do not obey these laws
In the end I hope that you receive the report impressive

16

 References

The handbook of comparative criminal law [electronic resource]

/ edited by Kevin Jon Heller and Markus D. Dubber.
info Stanford, Calif. : Stanford Law Books, 2011.

Chisum, W. Jerry (William Jerry)

Crime reconstruction [electronic resource] / W. Jerry Chisum, Brent
E. Turvey.
info Waltham, MA : Academic Press/Elsevier, c2011.

Schlutter, Birgit, 1978Developments in customary international law [electronic resource] :

theory and the practice of the International Court of Justice and the
international ad hoc criminal tribunals for Rwanda and Yugoslavia /
by Birgit Schlutter.
info Leiden [Netherlands] ; Boston, Mass. : Martinus Nijhoff
Publishers, 2010.

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