1. Cje Class I and II SCOPE OF APPLICATION OF CRIMINAL LAW Criminal Law I
(Binding force of criminal law with regard to time and place. Universal jurisdiction principle)
Karolina Kremens, LL.M., Ph.D.
Wojciech Jasiński, Ph.D.
Department of Criminal Procedure
Faculty of Law, Administration and Economics
University of Wrocław

2. SCOPE OF THE APPLICATION OF CRIMINAL LAW
Class I and II
SCOPE OF THE APPLICATION OF CRIMINAL LAW
SCOPE
General issues – terminology, definitions
Applicability of criminal law with respect to time
Applicability of criminal law with respect to space
universal jurisdiction
Applicability of criminal law with respect to persons

3. criminal law vs. civil law
GENERAL ISSUES
criminal law vs. civil law

4. GENERAL ISSUES
„…the distinction between a crime and civil wrong cannot be stated as depending upon what is done, because what is done may be the same in each case. The true distinction resides therefore, not in the nature of the wrongful act but in the legal consequences that may follow it”

5. different purpose of criminal law and civil law
GENERAL ISSUES
different purpose of criminal law and civil law
criminal law – system of the punishment of wrongdoers by the state (maintaining social order)
civil law – system of compensation of losses; system of rights and remedies for regulating interaction between members of society

6. substantive criminal law vs. criminal procedure
GENERAL ISSUES
substantive criminal law vs. criminal procedure
set of provisions describing forms of conduct
that have an associated punishment or security measure due to their socially intolerable
character

7. DEFINITION OF SUBSTANTIVE CRIMINAL LAW
GENERAL ISSUES
DEFINITION OF SUBSTANTIVE CRIMINAL LAW
set of provisions describing forms of conduct (crimes) that have an associated punishment (penalty) or security measure due to their socially intolerable character

8. DEFINITION OF CRIMINAL PROCEDURE
GENERAL ISSUES
DEFINITION OF CRIMINAL PROCEDURE
set of legally regulated actions undertaken with a view to detecting an offence and the offender (suspect, accused, perpetrator of a crime), putting the offender on trial, issuing a verdict regarding the offender’s criminal liability and, possibly, carrying out a sentence or other measures
set of provisions describing forms of conduct
that have an associated punishment or security measure due to their socially intolerable
character

9. CRIMINOLOGY, VICTIMOLOGY CRIMINALISTICS (forensic science)
GENERAL ISSUES
EVIDENCE LAW
CRIMINOLOGY, VICTIMOLOGY
CRIMINALISTICS (forensic science)
INTERNATIONAL CRIMINAL LAW
EUROPEAN CRIMINAL LAW

10. APPLICABILITY OF CRIMINAL LAW
WITH RESPECT TO TIME
APPLICABILITY OF CRIMINAL LAW WITH RESPECT TO TIME
principle of non-retroactivity
retroactivity of the milder (more lenient) statute
time of commitment of a crime

11. APPLICABILITY OF CRIMINAL LAW
WITH RESPECT TO TIME
PRINCIPLE OF NON-RETROACTIVITY
lex retro non agit
only a person who commits an act punishable under the law in force at the time of commitment of the crime bears criminal liability
only a person who commits an act punishable under the law in force at that time bears criminal liability

12. APPLICABILITY OF CRIMINAL LAW
WITH RESPECT TO TIME
PRINCIPLE OF NON-RETROACTIVITY - issues
date of publication of the law
date when the law comes into force
vacatio legis
derogation of the law
laws with specified binding time
non-retroactivity principle and international criminal law

13. APPLICABILITY OF CRIMINAL LAW
WITH RESPECT TO TIME
RETROACTIVITY OF THE MILDER STATUTE
if the law in force when sentencing is different to the law in force when the offence was committed, the new law will apply
the new law favourable to the defendant will have retroactive effect, even if it came into force after the offence has been committed
„former law”

14. APPLICABILITY OF CRIMINAL LAW
WITH RESPECT TO TIME
TIME OF COMMITMENT OF AN OFFENCE
allows to determine whether the committed act was prohibited by the law at the time of comitment
which statute must be used if the law has changed
age of the offender (minors)
mental capacity to commit a crime

15. APPLICABILITY OF CRIMINAL LAW
WITH RESPECT TO TIME
TIME OF COMMITMENT OF AN OFFENCE
the time of commitment of an offence has to be understood as an act or omission of an act and not the result (effect) of an act
material offences (‘offence with result’) - offences requiring particular result, e.g. damage of property
continuous offences – e.g. illegal possession of firearm

16. APPLICABILITY OF CRIMINAL LAW
WITH RESPECT TO SPACE
APPLICABILITY OF CRIMINAL LAW WITH RESPECT TO SPACE
the territorial principle
extraterritorial criminal jurisdiction
universal jurisdiction

17. APPLICABILITY OF CRIMINAL LAW
WITH RESPECT TO SPACE
THE TERRITORIAL PRINCIPLE
typically national criminal law is applicable on the territory of a state, its vessels and aircrafts (regardless of the nationality of the offender)
notion of a territory of a state
territorial jurisdiction in the international criminal law

18. APPLICABILITY OF CRIMINAL LAW
WITH RESPECT TO SPACE
THE TERRITORIAL PRINCIPLE
place where an offence was committed
where act or ommission of an act
where the result take place
where the result is intended to take a place
principle of ubiquity – a single act may be committed in different places at the same time

19. APPLICABILITY OF CRIMINAL LAW
WITH RESPECT TO SPACE
EXTRATERRITORIAL CRIMINAL JURISDICTION
principle of active personality (principle of citizenship) – applicability of national law to citizens committing crimes abroad; applicable only if in a state on whcih territory crime was committed the act (or ommission) is considered a crime as well
exception for state officials in some jurisdictions

20. APPLICABILITY OF CRIMINAL LAW
WITH RESPECT TO SPACE
EXTRATERRITORIAL CRIMINAL JURISDICTION
royal principle (principle of interests) – applicability of national law to foreigners who, regardless of provisions that are in force in the place where an offence is committed, commits a serious offence against interests of that state (security, economic interests etc.)

21. APPLICABILITY OF CRIMINAL LAW
WITH RESPECT TO SPACE
UNIVERSAL JURISDICTION
in-class discussion
definition
conditional universal jurisdiction
absolute universal jurisdiction
objections to universal jurisdiction