Defining Crime and Civil Wrongs

Defining Crime and Distinguishing It From Other Offenses

• Crime is defined as any unlawful act stemming from a free, criminal will, with the law determining the penalty or precautionary measures.
• Criminal offenses share a common element with civil wrongs, both stemming from unlawful acts.
• Criminal acts must be explicitly outlined in punitive texts within the penal code or related legal texts. Civil wrongs are sourced in civil law.

Distinguishing Criminal Offenses and Civil Torts

• Civil torts are linked to the concept of harm; if an action does not cause harm, it isn't considered a tort.
• Article 163 of the Civil Code defines civil torts as acts inflicting harm on others. Any deviation from typical conduct can constitute a civil wrong.
• The moral element (mens rea) for civil torts is established by demonstrating unintentional harm.
• Civil tort penalties always involve compensation to repair damages and protect the injured party's interests. Civil wrongs can occur without corresponding criminal offences, for instance, fraud in contracts.

Criminal Crime (Criminal Offense)

• Criminal acts can exist independently of harm.
• The elements of criminalisation are clearly defined and exclusive in legal texts.
• Criminal intent can either be intentional or unintentional.
• Punishments for criminal offences include penalties and precautionary measures to serve the public interest.
• A criminal offence may not result in accompanying civil wrong, if the act is subject to criminalization but causes no harm. (Examples include attempted crimes, unlicensed constructions, and unpaid taxes). A criminal offence and civil tort can be connected as a single unlawful act, such as murder, accidental injury, or insult.

Disciplinary Crime

• Disciplinary crimes involve public employees' failure to abide by their job duties, ensuring the agency's respect, integrity, and reputation.
• Disciplinary offences pertain to the agency's internal regulations, while criminal acts are more general offenses against societal interests.
• Acts that form disciplinary violations cannot be cataloged, but they are instead defined by the legal basis of job-related duties.

Divisions of Crimes Based on Punishment Severity

• Crimes are classified into felonies (punished by death, life imprisonment, or extended incarceration), misdemeanors (punishable by up to three years' detention or fines exceeding a certain amount), and violations (penalties capped at a fixed amount).
• A lawyer must be assigned to anyone accused of a felony or misdemeanor involving mandatory detention prior to interrogation. This applies during trials, and exceptions may be granted for acts punished with fines only or non-mandatory jail time. The statue of limitations for felonies is 10 years; for misdemeanors, 3 years; and for violations, 1 year.

Determining the Legal Applicability of Crimes Based on the Timing of Their Acts

• Crimes are judged based on the original law in effect when the physical act was completed, not additional penalties introduced later.
• In cases with multiple punishments, the most severe penalty determines the classification.
• In the context of continuous crimes, the law in effect at the time the criminal activity concludes applies.
• A distinct law applies when a new law increases the penalty for a crime committed under a previous law.

Crimes (with Multiple Acts (Successive Acts))

• A crime of successive acts involves multiple actions that share the same criminal objective and right subject to the offence. Examples include repeated acts of theft from the same property, or repeated attacks on the same victim.

Minor and Habitual Crimes

• Minor crimes are those which can be established with a single harmful act, e.g. assault.
• Habitual crimes require a pattern of multiple actions, revealing a pattern of similar harmful conduct.

Intentional vs. Unintentional Crimes

• Intentional crimes involve the perpetrator’s conscious will to commit the act and understand the outcome, understanding all elements of the crime as defined by law. Most offences mentioned in the penal code are intentional crimes.
• Unintentional crimes involve accidental actions, with the perpetrator intending the action itself, but not the specific outcome--perhaps not anticipating the result, or failing to take precautions.

Temporal and Territorial Applications of Penal Law

• The Penal Code’s applicability is typically limited to crimes committed within the nation’s borders.
• The principle of non-retroactivity means the law cannot apply to actions prior to its enactment, unless an exception is clearly defined.
• If a new law increases penalties for a prior crime, that increased penalty does not apply to actions which began before the new law took effect.
• Exceptions exist for crimes with ongoing action (like fraud which may involve multiple actions over time) or with delayed results.

This quiz explores the definitions of crime and civil torts, highlighting their distinctions and commonalities. Learn about the legal framework surrounding criminal acts and civil wrongs as outlined in the penal and civil codes. Test your knowledge on the elements that differentiate criminal offenses from civil torts.