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TOPIC 15: CRIMINAL LAW
Exercise 1. Before reading the text explain the meaning of the following words and word combinations:
crime, offence, defendant, punishment, to investigate crimes, prevention of the crime, safety, criminal courts, criminal statutes, public welfare, property, presumption of innocence.
Criminal law
Criminal law is the branch of law that defines crimes and fixes punishments for them. Criminal law includes rules and procedures for preventing and investigating crimes, prosecuting criminals and the regulations of courts, police forces and penal institutions.
In general, the criminal law of modern states classifies crimes as offences against the safety of the state, offences against the public welfare, offences against property, and offences threatening the lives or safety of persons.
The state and certain organizations have responsibility for crime prevention, for bringing the criminals to justice, and for dealing with convicted offenders. The police, the criminal courts and prisons are all publicly funded services, though the main focus of criminal law concerns the role of the courts, how they apply criminal statutes and common law.
Defenses exist to some crimes. A person who is accused may in certain circumstances plead they are insane and did not understand what they were doing, that they were not in control of their bodies, they were intoxicated, mistaken, acted in self-defense or were provoked. These are issues to be raised at the trial.
England doesn’t have a Criminal Code, though such an enactment has been often recommended. Criminal procedure begins with a formal criminal charge and results in the conviction or acquittal of the defendant. Currently, in many countries with a democratic system criminal procedure puts the burden of proof on the prosecution. The prosecution must prove that the defendant is guilty beyond any doubt. This provision, known as the presumption of innocence, is required in 46 countries that are members of the Council of Europe. In practice it operates differently in different countries.
New words:
- to prosecute — преследовать судебным порядком;
- prosecution — обвинительная сторона в суде; обвинение;
- penal institutions — исправительные учреждения;
- convicted offenders — осужденные преступники;
- to apply — применять;
- to plead — делать заявление;
- circumstances — обстоятельства;
- to be provoked — быть спровоцированным;
- enactment — закон, указ;
- acquittal — оправдание (обвиняемого);
- burden of proof — неоспоримость доказательства.
Questions to the text:
1. What is criminal law? What does it include?
2. What kinds of offences are criminal?
3. What institutions have the responsibility for dealing with criminal acts?
4. Why is the role of the courts is the most important in criminal law?
5. In what cases can a person plead they are insane?
6. Is there a Criminal Code in England? What about Russia?
7. How does the criminal procedure begin and result?
8. What is a ‘burden of proof on the prosecution’?
9. In what countries is the presumption of innocence required?
10. How does the presumption operate in different countries?
Exercise 2. Translate the following sentences into Russian:
1. English criminal law refers to the body of law which deals with crimes.
2. Criminal acts are considered offences against the whole community.
3. In the USA and Great Britain the most serious crime is treason.
4. The police, the criminal courts and prisons are public services dealing with offenders.
5. Criminal law includes rules and procedures for preventing crimes as well as investigating them and prosecuting criminals.
6. All crimes are classified as offences against the state, the public welfare, property and safety of persons.
7. There is no a Criminal Code in England.
8. Criminal procedure begins with a formal criminal charge and results in the conviction or acquittal of the defendant.
9. In many democratic countries there is such a notion as ‘the presumption of innocence’.
10. This provision, ‘the presumption of innocence’, operates differently in different countries.
Exercise 3. Fill in the gaps with the words given below, translate the text into Russian:
statutes (2), existed, executed, to discourage, Communist, writing, against, sovereign, crime, words, military