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The last way of discharging a contract is a limitation of action. The specified period of time has elapsed and the obligations
are statute-barred.
5 – CRIMINAL LAW & PROCEDURE
CRIMINAL LAW I – GENERAL INFORMATION
A crime is an illegal act which may result in prosecution and punishment by the state if the accused is convicted. Generally, in
order to be convicted of a crime, the accused must be shown to have committed an unlawful act with a criminal state of mind.
In criminal law, the prosecution tries to prove that the defendant was at a certain place at a certain time and did something
against the law (the Penal Code) = proving Actus Reus (crime itself). Then it is necessary to prove the state of mind of the
perpetrator at the time the crime was committed = proving Mens Rea.
In England, criminal cases start at the Magistrates’ Courts where are tried summarily, the more serious crimes are referred to
the Crown Court and tried on indictment. On the basis of the verdict of the jury the judge either sentences or acquits.
EXAMPLES OF CRIMES
Assault, treason, piracy, burglary, blackmailing, extortion, fraud, bigamy, assassination, murder, manslaughter, forgery,
bribery, slander, arson, robbery, theft, smuggling, perjury, espionage, embezzlement, libel, tax evasion, DWI…
CRIMINAL LAW II – CRIMINAL PROCEDURE
First of all, the crime is reported and then is being investigated by the police. Once they have a suspect, they arrest him and
charge him. This is the time for plea-taking. The accused person may be then released on bail or remanded in custody.
The trial consists of opening statements by counsel, giving evidence, direct/cross interrogation, closing statements, the
verdict of the jury and the judgment of judge. The accused is convicted of the crime and sentenced by the judge or acquitted.
The defendant may appeal against the judgement. Typical sentences are a fine, imprisonment and community service.