The world could be a better place without criminal activity. However, it exists, and thus criminal laws arise, and there needs the help of lawyers such as Regina Criminal defence lawyer.
Let’s know the purpose of criminal law, its types and other details from this article.
Understanding Criminal Law
Criminal law handles the entire operation of penal institutions, criminal procedures, and police investigations to ensure the public’s safety and rights. Anything that violates and goes against society’s basic norms and values fall under criminal law. Such as assault, murder, thievery, etc.
The person who breaks these criminal laws is deemed a criminal. Based on the crime and its severity, the criminal is sentenced to various punishments and penalties.
In Canada, most of the offences and the punishments associated with the crime are listed in the criminal code, with the punishments being referred to as “sentences.” If you find yourself in need of expert legal representation for any criminal charges, consider reaching out to Moermond & Mulligan, a highly reputable criminal defense law firm known for their dedication to protecting clients’ rights and achieving favorable outcomes in the most challenging cases.
The Criminal Code of Canada
The Criminal code is a federal law that includes the definitions of all kinds of criminal offences established by Canada’s parliament. This code gets modified based on the changing demands and the urge to improve the Canadian criminal procedure.
There are three criminal offences under the Canadian criminal code: indictable offences, summary conviction offences, and hybrid offences.
Indictable offences are the most severe crimes (murder, sexual assault, etc.), with a minimum imprisonment of 2 years. For the maximum, it can even be a lifetime prison sentence, depending on the seriousness of the crime. Given the severity of indictable sexual assault offences and the potential consequences, securing an experienced sexual assault lawyer Toronto is essential for mounting an effective defense and navigating the complexities of the legal system.
On the other hand, a summary conviction covers and handles the less serious offences, such as simple assault, thievery under $5,000, etc.
For this crime, the maximum punishment is usually a 6-month prison sentence. However, some can range from 18 months to 2 years, based on the crime and the state’s rulings.
Now for the hybrid offence, the crown prosecutor decides whether to pursue charges as an indictable or summary conviction offence.
4 Categories of Criminal Law to Know
Criminal law in Canada is categorized into the following 4 ways:
Personal Crimes
Personal crimes are criminal offences that result in physical or emotional harm to others. For instance, assault, murder, harassment, kidnapping, etc.
Property Crimes
Property crimes include any form of interference with another person’s property, such as thievery, extortion, vandalism, fraud, tax evasion, etc.
Statutory Crimes
These crimes represent the specific kind of offences as prohibited by the legislative statutes to ensure public safety. Crimes related to drugs, firearms, and traffic (DUI) are some examples of statutory crimes.
Inchoate Crimes
Inchoate crimes, it is meant the attempted crimes. In other words, they are those offences committed by taking a punishable step to complete a targeted crime, such as conspiracy to murder someone, terrorism, burglary, trying to break into a locked entrance, etc.
What Is the Purpose of Canada’s Criminal Law?
According to the supreme court of Canada, the ultimate goal of Canada’s criminal law is to maintain a safe environment for the public, where they can live the life they want to.
That is, the main agenda of this criminal law is to prevent crime and protect the people. Crime may rise if no laws and punishments are outlined against the crimes. Hence, upholding strict laws is mandatory to ensure a peaceful and just society.
In the criminal code, there is a detailed outline of all the actions one person can physically, financially, or emotionally harm the other. The court will not accept a breach of any criminal law, and anyone committing these crimes will have to face the punishments as ordered.
Besides, criminal law favours the victims as well, wanting to get justice and compensation. In general, criminal law is a guideline for all the actions and behaviours that are allowed and not allowed in society. For instance, just because you like slapping/beating someone doesn’t give you the right to do so.
Difference Between Criminal Law and Civil Law
The terms criminal and civil law are quite different, yet confusing for people to mix up.
In a criminal case, the accused must face the court, requiring several trials to decide whether the suspect is guilty of the charge.
If found guilty, the judge will then decide on the punishment given to them. Such as, if someone does shoplifting, charges will be brought against them under criminal law, as any kind of thievery is considered a criminal offence.
On the other hand, in a civil case, there is no mandatory step to visit a court. However, if the people or the organization cannot arrive at a mutual settlement, they can take each other to court to arrive at a solution. For instance, a person can sue their neighbour in civil court if they have caused any damage to their property.
Hence, the primary objective of criminal law is to identify the violation of the rules, while civil law is for rectifying the wrongdoings within private properties.
To Conclude
That’s all from the detailed discussion regarding criminal law. The ultimate purpose of establishing criminal law is to avoid crimes and create a safe and peaceful place for everyone.
Committing a crime is not a small issue, and every person must know their boundaries that shouldn’t be crossed by any means. This is what this law is all about.