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3 aspects of Criminal Law

Formal sources of criminal law in Greece.

Criminal Law is the set of Public Law norms that studies crimes, penalties and security measures applicable to those who commit a punishable act, in order to protect the fundamental legal rights of society and individuals.

Among the legal rights that require protection, the right to life, liberty, property, bodily integrity, among others, stand out. These have been the basis of any society for decades and even centuries.

On the shoulders of Criminal Law falls the surveillance and protection of the notions of order, peace and security, since its objective is to prevent criminal behavior for the sake of the collective well-being of society over the particular interests of people.

It is essential to study the aspects and characteristics of this Law, since we must be fully aware of our obligations.

In the same way, it is important to know the legality of our actions that we carry out in a society, in order not to transgress positive law and avoid the full weight of the law falling on us.

It is also important to understand what this branch of Law is about, especially for those who are interested in pursuing a law degree at the university.

For example, did you know that Criminal Law limits the actions of the State as administrator of justice? In this way, a correct and equitable application of current legislation is achieved.

In addition to this, to achieve neutrality and impartiality when issuing a sentence, or even creating a law, judges,

Ποινικολόγος or legislators must act outside of what is established in the general principles of law, which are mandatory for any judicial body.

To clarify the above, I invite you to continue reading! This way you will know the different aspects and characteristics of Criminal Law.

1. Aspects of Criminal Law

The main aspects of Criminal Law are three specific, which you can read below.

I. Objective Law (ius poenale)

The objective aspect of Criminal Law refers to the set of criminal legal norms that establish the crimes, penalties and applicable security measures.

This refers to the classification and materialization by the State of the behaviors considered criminal in a physical law.

Therefore, the individual who transgresses the law must receive a sanction proportional to the punishable act committed.

Objective Law has different characteristics in itself:

It refers to the organized set of norms that determine the relations of subordination and coordination.

It allows coordination based on the fact that the laws created modify the rest of the system and each one must be interpreted based on its relationship with the others.

The laws arising from objective law must be consistent, that is, there must be no rules that are contradictory.

They must be complete, that is, all sectors must have an applicable legal regulation.

– Structure of the penal law:

There must be a factual assumption, a behavior or event for it to act.

Given the alleged behavior contrary to objective law, there must be its respective legal consequence.

– Characteristics of criminal law:

It must be abstract and general, it is not directly linked to a specific case, but it must also give space for similar situations.

Coercive nature, criminal legislation is mandatory observance and compliance.

On the other hand, how do legislators create criminal laws? The answer is: by using the Sources of Law. In Greece they are divided into:

Real sources, are those that are used to constitute an event, which in a given situation and moment contributes to the birth of a law.

In Greece, they deal with jurisprudence and custom, as well as, in some cases, doctrine and general principles of law.

Historical sources, are those objective means that are usually found in other legal regulations of any time, for example, the Law of the XII tables or the Justinian Code.

Due to the nature of Criminal Law, only the law can be the source of itself. Therefore, the jurisprudence and doctrines are used more than anything to help the correct interpretation of the applicable regulations.

II. Subjective Right (ius puniendi)

The subjective aspect refers to the sanctioning power that the country has, which allows it to define the crimes and exercise the corresponding sanctions and security measures.

However, this power is limited since power cannot be granted without measures to the State.