According to the fundamentals of the criminal law, crime is anything which is done against the law and is followed by criminal prosecution.
SOURCES OF CRIMINAL LAW:
Victoria common law jurisdiction: In Victoria common law, the statutory provisions are contained in Crime act 1958(Vic). They are interrupted by referring common law principles.
-Generally, criminal laws are a matter for the states and there federal criminal jurisdiction is created by commonwealth parliament.
FUNCTIONS OF CRIMINAL LAW:
Criminal law serves several functions in society and for the wellbeing of people. For more information on the functions of criminal law click here now and read:
- Maintaining order:
Criminal law has predictability and makes people understand what to expect from others. In the absence of criminal law, there is a chance of uncertainty in actions.
- Protecting lives and property:
Criminal law helps to protect the lives of people and also the property of people to a great extent. It makes the people aware of all the rights they have if anyone tries to harm them the law has the power to punish.
- Resolving disputes:
The law helps to avoid disputes and conflicts between the people. Actions of each citizen are being watched and regulated by this law. There are certain provisions under the law and all the citizens are compulsorily forced to follow them for living in that particular country.
- Providing smooth functioning:
It helps in conducting every function of a nation smoothly without any interruption. It reduces fraud practices and illegal affairs. By the introduction of this law, the number of crimes gets reduced and more people are now aware of the provisions of the law.
The procedure of criminal justice follows a series of systematic steps, the time that is taken depends on the seriousness and complexity of the case. The general steps by which a criminal case proceeds are:
- Investigation of crime by police is the initial step makes involves investigating the crime, identifying the criminal, etc.
- The arrest of a suspect by police. When the suspect if being identified the next step is to arrest him.
- Prosecution of a criminal defendant by a distinct attorney.
- The indictment by grand jury and filing of information by a prosecution.
- Arraignment by a judge. The defendant appears the court before the judge.
And it is followed by pre-trial detention, plea bargaining, Trial/adjudication of guilt, Sentencing by judge, appeals, and punishment or acquittance.