Criminal Law

“The quality of a nation is judged and measured by the methods used

for enforcement of Criminal Law”
-Justice Oliver
 Historical Background
• King Dungi of Summera
• King Hammurabi of Babylon
• Mosaic Code (Hebrew law)
• Roman Code
• Shariah code
• English code
• Mannu Code (by Hindu Civilization in the sub-continent)
• Kazi Rule (Islamic law in subcontinent)
• British colonial Law
• Pakistan Penal law
• Islamization of Pakistani Penal Law (in Zia’s Era)
 Definition
• “It is a framework or body of rules and regulations regarding human
conduct, which have been promulgated by political authority
(legislature), which are uniformly applicable to all members and
classes of society, enforced by punishment and administered by the
state”- (Sutherland)
 Elements of Criminal Law
• Rules of human conduct established.
• Promulgated by politico-legal authority
• Enforced by political authority (state bureaucracy, courts)
• Uniform application
• Specificity of rules
• Punishment
Basis/ Foundation Principle of Criminal Law
Italian Maxim:
“Nullem crimen sine lege, nullem poena sine lege”
No Crime without law, no Penalty without law
 Nature of Criminal Law
• Dynamic, flexible, ever-changing, varies fro time to time and place to
place.
 Scope of Criminal Law
• Deals with defining, preventing, reduction, punishment and
rehabilitation of criminal law.
 Principles of Criminal Law
1. “Actus non Facet Reum Nisi Mens Sit Rea”
No act is held guilty without guilty mind
2. “Ignorantia facet excusant, ignorantia juris non-excusant”
Ignorance of fact is excused, ignorance of law excuses no one.
3. Impermissibility of ‘Ex-post facto’ legislation
No retrospective punishment
4. Actori incumbit onus probandi
The burden of proof lies on the plaintiff
5. In dubio, pro reo
In doubt, for the accused. (all benefit of doubt goes to the accused. Accused is the blue-eyed boy of
criminal law.)
6. Culpoe poena par esto
Let the punishment equal the crime.
7. State is primary victim of crime.
8. Accomplice is treated at par with the offender
 Sources of Criminal Law
• Legal Sources:
1. Constitution
2. Treaties
3. Legislation
4. Conventions
5. Precedence
6. Judicial Regulation
7. Scholar’s opinion and commentaries
8. Penal codes etc
 Sources of Criminal Law
• Social Sources:
1. Public opinion
2. Expert opinion (e.g sceintists, Forensic experts)
3. Interest opinion (politicians, lobbyists)

• Religious Sources:
1. Holy Book
2. Sunnah
3. Ijma
4. Ijtehad
5. Qiyas
 Purpose/ Objective of Criminal Law
• Punishing wrong doers
• Maintaining peace and law & order
• Enforcing moral values
• Teaching about appropriate behavior conduct
• Apprehending or deterring the criminals
• Preventing and reducing crime
• Ensuring security and safety of citizens
• Reintegration of formerly convicted in society
 Classification of Criminal Law
• Two sub divisions:
• Substantial Criminal Law
• Procedural Criminal Law
 Substantive Criminal Law
• Defines crimes and assigns their corresponding punishment.
• Focuses on what acts and behaviors are termed criminal.
• Area of law which defines the rights and duties of individuals and
contains the presciptions and prohibitions of law.
• Pakistan Penal Code 1860
 Procedural Criminal Law
• Deals with the mecahnisms and procedures of enforcing the
substantive criminal laws and their punishments as stated in the PPC.
• Regulates the manners in which rights and duties of individuals will be
enforced through the legal mechanism.
• (CrPC) Criminal Procedure code 1898.
 Characteristics of Criminal Law
• Politicality- punishable by the state.
• Specificity- it is particular. It is not vaguely defined.
• Uniformity- applies to all equally.
• Deterrence factor- must swift, certain, severe.
• Penal sanction/ punishment- the nature of punishment is educative,
reformative)