Unit 19:
CRIME
Learning outcomes of the
Unit 19
 Students will be able to:
1. define crime
2. explain different classifications of crimes
(Criminal Law Act, 1967, target of crime)
3. provide examples of serious and less serious
crimes and define them
4. explain the reasons for the exemptions from
criminal liability
5. discuss some key parts from the Croatian Criminal
Law Act
Definition of crime….
A crime is any act or omission (of an act) that
violates the law and is punishable by the
state. Crimes are considered injurious to
society or the community.
Crimes include
a) Felonies – more serious offences (murder, rape)
b) Misdemeanours – minor crimes (petty theft,
speeding).
(Source:Brieger Nick: Professional English, Penguin, 2006.)
CLASSIFICATION OF CRIMES IN THE UK LAW
BEFORE THE CRIMINAL LAW ACT FROM 1967
INDICTABLE OFFENCES
Triable on indictment
in a Crown Court
(judge + jury)
treason
SUMMARY OFFENCES
Triable summarily
in a Magistrates’ Court
(judge without a jury)
misdemeanour
(less serious crimes)
felony
(more serious
Crimes)
The distinction became
unsatisfactory because
some misdemeanours were
more serious than
certain felonies.
Examples of serious criminal
offences…
 Felonies:
ENGLISH
murder (with malice aforethought)
manslaughter
rape
arson
burglary
theft
bigamy
CROATIAN
__________
__________
___________
___________
___________
___________
___________
Examples of less serious criminal
offences…
 Misdemeanours:
ENGLISH
CROATIAN
minor assaults
__________
conspiracy
__________
perjury
___________
blasphemy
___________
fraud
___________
various road traffic offences ___________
CLASSIFICATION AFTER THE
The Criminal Law Act from 1967
INDICTABLE OFFENCES
Triable in a Crown Court
(judge + jury)
ARRESTABLE
OFFENCES
- Sentence is fixed
by law
- Imprisonment for
5 or more years
- Arrest by anybody
NEW
SITUATION without a warrant
treason
arrestable
offences
SUMMARY OFFENCES
Triable in a Magistrates’ Court
(judge)
OTHER INDICTABLE
OFFENCES
-No power of
arrest
other indictable
offenes
CLASSIFICATION ACCORDING TO THE
TARGET OF OFFENCE
a) Offences against the State
b) Offences against the person
c) Offences against the property
Find examples for each group (book, p. 86)
ACTORS and ROLES IN A
“CRIME STORY”
The criminal / accused – commits a guilty act
Assisting offenders – assist the main criminal
Persons guilty of incitement to a crime
PRESUMPTION OF INNOCENCE!!!
(The accused is persumed innocent until proved by
the prosecution in a court of law to be guilty.)
The prosecutor
– secures conviction
- proves that the accused is guilty of a crime
EXEMPTIONS FROM
CRIMINAL LIABILITY
a) something had deprived a person of his
or her free will and self-control
(e.g. insanity, coercion or necessity)
b) he or she is one of the class of persons
subject to special rules
(immunity of foreign sovereigns and
diplomats, minors under ten years, etc.)
Which type of a crime is it?
1.
2.
3.
4.
5.
6.
An attempt to use illegal force on another person is _____
The unlawful killing of a person without malicious intent
and therefore without premeditation is ______
Any instance in which one party deceives or takes unfair
advantage of another is ______
The unlawful taking of another’s property using a
dangerous weapon is _______
The crime of breaking into a private home with the
intention of committing a felony is ________
Taking the property of another without right or permission
is ___________
Answer the following questions. – PART 1
1.
2.
3.
4.
What is a possible definition of crime?
Which are the two major groups of crimes?
Who is in charge of trying indictable offences?
What kind of offences are triable in a
Magistrates’ Court?
5. Which legal document was the beginning of a
new period in the classification of crimes?
6. How were indictable offences classified before
1967?
7. What was the difference between felony and
misdemeanour before the Act?
Questions – PART 2
8.
Why was this distinction unsatisfactory in more
recent times?
9. What was the result of the new division, when
the categories felony and misdemeanour were
not good enough any more?
10. How can crime be divided according to its target?
11. What are the major tasks of the prosecution when
dealing with a crime?
12. How should the accused be treated in terms of
his guilt?
13. Who can be exempted from criminal liability?
14. Which offences are punishable according to
special rules of law?
Read the following parts from the
Croatian Criminal Law and compare
with the English system. - Part I
Članak 8.
 (1) Kazneni postupak za kaznena djela
pokreće Državno odvjetništvo u interesu
Republike Hrvatske i svih njezinih građana.
 (2) Iznimno za određena kaznena djela može
se zakonom propisati da se kazneni postupak
pokreće privatnom tužbom ili da Državno
odvjetništvo pokreće kazneni postupak
povodom prijedloga.
Part II - Children and criminal
liability
Članak 10.
Kazneno se zakonodavstvo ne primjenjuje prema
djetetu koje u vrijeme kad je počinilo kazneno
djelo nije navršilo četrnaest godina života.
Članak 11.
Prema mladim počiniteljima kaznenih djela
(maloljetne osobe i mlađe punoljetne osobe)
primjenjuje se ovaj Zakon osim ako posebnim
zakonom za mlade počinitelje nije drukčije
propisano.
Translate the following definition of
a guilty act.
KAZNENO DJELO
 Članak 25.
 (1) Kazneno djelo može se počiniti činjenjem ili
nečinjenjem.
 (2) Kazneno djelo je počinjeno nečinjenjem ako je
počinitelj koji je pravno obvezan spriječiti
nastupanje zakonom opisane posljedice
kaznenog djela to propustio učiniti, a takvo je
propuštanje po djelovanju i značenju jednako
počinjenju tog djela činjenjem.