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Criminal Law

Criminal law is a branch of public law and is divided into substantive and procedural.

Substantive criminal law is the set of rules under which an act or omission is classified as a punishable offence (crime). It also defines when and what is the appropriate criminal sanction (punishment) to be imposed on the offender, either as a penalty or as a security measure. It is divided into a general part, which contains provisions common to all crimes, and a specific part, which describes individual crimes. However, some crimes are governed by the provisions of specific criminal laws (e.g. tax offences, money laundering, drugs, stock exchange, arms, etc.)

According to the Penal Code, a crime is any act/omission, unjust, imputed and punishable.

The procedural criminal law provides for the procedure for the application of the rules of substantive criminal law, as well as the competence of the statutory bodies of the State.

The mission of criminal law is, on the one hand, to protect the legal rights and fundamental values of society, which are absolutely necessary for the achievement of normal social coexistence and social peace, and, on the other hand, to protect individual freedoms and prevent possible arbitrariness on the part of the State.

 

Read: Tax evasion and its treatment under the new Code of Tax Procedure

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