Аннотация
Данный реферат написан на базе монографии Лизы Шторм «Уголовное право».
В рамках представленной статьи проанализированы ключевые основы, касаемо правовой системы, субъектов уголовного права и проблематики их правового положения.
Основная цель данной работы – определить уголовно-правовое положение субъектов уголовного права в обществе.
Право как система норм, установленных или санкционированных компетентными государственными органами, принятых или одобренных самим народом, призвано регулировать общественные отношения.
Уголовное право – это совокупность норм о преступлении и уголовной ответственности за его совершение.
Соответственно, предметом уголовного права являются общественные отношения по поводу того, что признавать преступлением и какие меры ответственности устанавливать за их совершение.
Субъектами уголовного права являются государство, физическое лицо и общество.
Все субъекты уголовного права в наши дни имеют те или иные права и обязанности в том числе, когда вина подсудимых была доказана. В таком случае в силу вступает система уголовно-процессуальных отношений в соответствии с действующим уголовным законодательством.
Уголовно-правовые отношения - урегулированные нормами уголовного права отношения между государством в лице его компетентных органов и лицом, совершившим общественно опасное деяние, запрещенное уголовным законом.
Правовой статус субъектов уголовного права определяется совокупным результатом, который выносят по итогам рассмотрения дела об уголовном преследовании.
1. Introduction
Laws are bodies of rules for human conduct. They are meant to guide human actions, indicating those that are permitted or accepted and those that are prohibited, which performance attracts one form of punishment or the other. Laws are supposed to guide the behavior of citizens of a nation. A nation without laws is like a vehicle without wheels.
Without laws people cannot live peacefully together as there will be the problem of reconciling conflicting human rights. As Thomas Hobbes pointed out in his theory of the state, when man was alone, there was no need for laws. The need for laws was necessitated by the increase in human population, to help reconcile naturally conflicting rights of different individuals. It is therefore expected that citizens should obey laws, to avoid an anarchical state where jungle justice (the principle of survival of the fittest) operates.
The question of the essence of criminal law relations is one of the most important and most interesting in the theory of criminal law.
2. Law and legal system
As you begin your study of the law, you want to understand what a law is and its relationship to a legal system.
Law is one of those concepts that do not have just one or two definitions. Several scholars and philosophers of law have, throughout human history, given their various definitions for law. This question “What is law?” has attracted a myriad of answers throughout the history of man, ranging from the Old Testament’s assertion of law as the will of God to the contemporary times.
The question of the nature of law was first tackled in the 5 century B.C. by the Sophists and Socrates (Ibid). The debate as to whether law exists by nature or by human-made convention started as far back as then (Ibid). While the Sophists opined that the essence of law is nature and reason, Socrates as well as Plato and Aristotle favoured the view that the essence of law is convention and will (Ibid). Thinkers who belong to the former group are loosely said to be of the tradition of “Natural Law”, whereas those of the latter group belong to the tradition of “Legal positivism” [2].
The law is a part of everything you do from the day you are born. The law regulates what information goes on your birth certificate, when you are required to attend school, when you can drive a car, and when you can vote. On the other hand, it also gives you freedoms and rights that people in other countries may not have. Some of these include the right to criticize your government and the right to be presumed innocent if you are accused of a crime.
Laws in a democratic society, unlike laws of nature, are created by people and are founded in religious, cultural, and historical value systems. People from varying backgrounds live in different regions of this country. Thus you will see that different people enact distinct laws that best suit their needs.
Laws are not static. As society changes, so do the laws that govern behavior. Evolving value systems naturally lead to new laws and regulations supporting modern beliefs. Although certain stability is essential to the enforcement of rules, occasionally the rules must change.
3. Criminal law
Criminal law is one of the main branches of law, containing the norms defining the criminality and punishability of an act, the grounds for criminal responsibility, the system of punishments, the procedure and conditions for their appointment, and the grounds for exemption from criminal responsibility and punishment.
Criminal law begins with the foundations of law and the legal system and then extensively explores criminal laws and defenses using general state principles, federal law, the Constitution, and the Model Penal Code as guidelines. Although it is neither possible nor desirable to discuss every criminal law, this textbook provides a basic yet thorough overview of the American criminal justice system. After completing Criminal Law, you will be familiar with the nature and sources of law, the court system, the adversarial process, the most prominent crimes, and accompanying criminal defenses [5].
This branch of law has deep historical roots. Even in ancient Rome, the state provided for standards containing sanctions in the form of harsh measures, including the death penalty, for encroaching on the lives of citizens, personal property and the state system. This right was called penalty. Hence the term “penalty” in football. In the old Russian language, the analogue of the Latin name was the word "criminal", which in the modern sense means accusation, punishment, severe punishment. Consequently, the term “criminal law” in modern transcription refers to the law punishing (condemning) citizens for gross violations of the norms adopted in society.
Criminal law regulates social relations arising in the field of criminal law relations. The peculiarity of criminal relations is that they arise only between citizens who violate criminal law and the state. The goal of a criminal prosecution is to punish the defendant [5, p.9].
4. Subjects of criminal law
Criminal law, and therefore its subjects, play a significant role in ensuring the rights and freedoms of man and citizen. The present and the future of the entire legal field of the country largely depends on the characteristics of the subjects and the principles of their separation. Therefore, the study of subjects of criminal law is of both theoretical and practical interest.
The subject (person) who committed a crime is defined by a legal fact crime with its own membership. The subject as an element of the crime is characterized by three necessary legal characteristics: a person must be physical, sane or partially sane and have reached the age of criminal responsibility. This means that legal entities cannot be subjects of a criminal law relationship and enter the concept of “person who committed a crime”, since they have other signs that distinguish them from the subject of the crime.
The subjects of criminal law are the state and an individual (a person and a citizen, regardless of other characteristics: gender, race, nationality). In modern theory, society is sometimes is considered as a subject of criminal law [4, p. 178].
The state is a subject of criminal law, which establishes the norms of social behavior and is responsible for their observance. Its rights and obligations are significantly different from the rights and obligations of subjects - individuals. The state has the power. It is obliged to direct activities to ensure the rule of law in society by punishing the crime – to identify the offender and punish for violating the criminal code by means of state-coercive influence, at the same time bearing responsibility for the legality and fairness of their actions, on the basis that the only reason for criminal responsibility is the commission of a crime [4, p. 179].
5. Criminal law legal status of a subject
Democratic transformations taking place in states imply both the expansion of human rights and the establishment of guarantees for their implementation. The rights and obligations acquired by a person from birth and in the process of life activity determine his position in society, his social status. Some of these rights and obligations guaranteed by the socialist state constitute the legal status of the individual. The basis of the legal status of the individual in society constitution constitutes rights and duties. They play a leading role, being the core of the legal status of the individual. However, in relation to a particular person in the system of social opportunities, it is advisable to highlight such rights and obligations that most deeply express the essence of the relationship of the individual with society, and therefore require strengthening of guarantees in their implementation.
The category of legal status today plays a significant role in legal science. For a long time, individual scientists, in particular V. A. Palyutin, identified the concept of "legal status" with subjective rights. Modern scholars unanimously consider the legal status of an independent legal category, which reflects the legal status of a person in the state.
Today the definition of the concept of “legal status” in science is not unambiguous. The overwhelming majority of the definitions of this concept proposed in the literature are formulated by pointing out the structural elements of this category without taking into account the very essence of the phenomenon. “Legal status is a socially acceptable and necessary opportunity; the potential of a person is not just as an individual, but as a citizen of the state. The authority of the state guarantees them, by all its strength. Supporting this point of view, it is necessary to note the following. The category of legal status should be viewed through the prism of legal relations in which a person participates, because only during the execution of certain actions to realize the opportunities provided to him; a person realizes his status as a subject of legal relations. The empowerment of participants in legal relations with certain opportunities, thus, is one of the stages of the mechanism of legal regulation.
6. Conclusion
Law is a set of rules that guides the behavior of a society. People must obey law. When a person violates the law, rule breakers are punished with penalties.
Like any other branch of law, criminal law is a system of norms. All norms in it are divided into groups located in a strictly defined order in accordance with their holding, character and solvable problems. Among them are the norms which enshrine the principles and general provisions of criminal law, and the rules which actually establish the crime and punishability of specific deeds.
Criminal law, by its nature, sphere and objectives is in close contact with other branches of law. At the same time, it differs from them in subject, method and tasks. The material criterion for this difference is the nature and degree of public danger of an act falling within the scope of the norms of a particular branch of law. With a minor risk of misconduct, the state considers it sufficient to take measures to restore the violated right. When the danger of encroachment on protected public relations is so great that they cause or create the threat of causing substantial harm to a person, his rights and freedoms, and other protected public interests, the state applies criminal penalties.
The subject of criminal law is the relationship generated by the fact of the crime. The subject of the penal law is relations arising from the entry into force of a conviction. If the criminal law determines the types of punishment, the procedure for its appointment, then the criminal-executive law regulates the activities for the execution of the punishment.
In this work, we paid special attention to the subjects of criminal law. In general, the subjects of criminal law of the countries are not fundamentally different from each other, since their criminal law is based on uniform principles. We can point out the state, an individual and the society as the main subjects in criminal law.
Glossary
1. Abusive crime – жестокое преступление
2. Accuse of - обвинять
3. Acquire - требовать
4. Activity - деятельность
5. Advisable - рекомендуемый
6. Application - применение
7. Appointment - назначение
8. Approaches - подходы
9. Arson - поджог
10. Aspect - аспект
11. Assault - нападение
12. Assert - утверждать
13. Ban - запрещать
14. Based on – основанный на
15. Basis - основание
16. Battery - избиение
17. Bear – сносить
18. Bear punishment – нести наказание
19. Binding norms – обязательные нормы
20. Birth certificate – свидетельство о рождении
21. Bodies - отделы
22. Break - нарушать
23. Breaker - нарушитель
24. Bring in – вносить
25. Brunch - отрасль
26. Burglary – кража со взломом
27. Capable - способный
28. Category – категория
