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3.1.2 Read and translate the text.

Criminal law is a branch of public law that defines crimes and fixes punishment. It also regulates the methods of capturing, charging and trying criminals and imposes penalties on convicted offenders. The principal notion of criminal law is crime – commission of an unlawful act punishable by the state.

Criminal law of most modern states classifies crimes as:

– offences against the safety of the state (treason, tax evasion, bribery, counterfeiting);

– offences against the public peace and order (drunk and disorderly conduct, carrying weapons, illegal speeding);

– offences against a person (homicide, assault, battery, mayhem, kidnapping, rape);

– offences against property (theft, larceny, robbery, burglary, embezzlement);

– offences against decency ( bigamy, sexual harassment, prostitution, obscenity).

According to their gravity, crimes are divided into felonies and misdemeanors. Felonies are the most serious crimes. Misdemeanors are less serious.

Two things must be present for a crime to be committed: a criminal act itself (Actus Reus) and a criminal state of mind (Mens Rea). In a murder, for example, Actus Reus is the killing of a human being by another human. Mens Rea is the person’s intent to kill.

One important principle of criminal law is presumption of innocence. Under this principle the defendant is considered innocent until the state proves his guilt beyond reasonable doubt.

But even if Actus and Mens have been proved, the defendant may still avoid punishment if (s)he can show that (s)he has a defense – a reason why the court should excuse his or her act. The most common defenses are: insanity, self-defense and duress - being forced to commit a crime.

Punishment is fine, imprisonment, or any other penalty provided by law and imposed by the court. The punishment for a felony is imprisonment for at least one year or death in some limited cases. The punishment for a misdemeanor is fine or imprisonment for no more than one year. The ultimate penalty is death or capital punishment. Almost half the countries of the world have abolished the use of the death penalty.

Criminal statutes ordinarily set maximum limits for punishment but give a judge freedom in determining the appropriate punishment within those limits. Probation, for instance, is a type of punishment, which allows the convicted person to avoid imprisonment and to remain at liberty for a prescribed period of time under the supervision of a probation officer. Sometimes a convict serving in prison may be released early on parole because of good behavior. Pardon, by the governor or president, releases the convict from the entire punishment.

The purpose of punishment is to reform and rehabilitate criminals, and to deter them and others from similar behavior in the future.

Criminal law is one of the fastest growing areas of the law. One of the reasons is that the number of crimes committed in some countries is increasing rapidly. Another reason is that different governments continually review their ideas of what should be considered a crime.