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Criminal Law

  • Mayra İpekçioğlu
  • Nov 20
  • 3 min read

What is Criminal Law and What are Its Aims?


Criminal law is a type of law that defines the specific behaviours considered wrong by society, prohibits these actions, and predicts the future consequences of these behaviours. Its main aim is to protect the order in society, to ensure justice is seen, to prevent any crime, and to deter potential crimes. 


How Criminal Law Works?

Criminal law goes on upon a path that starts from doing the crime to investigation, prosecution, trial, and punishment. 


Criminal law mainly consists of two parts:


  • Substantive Criminal Law: Defines crimes and their consequences 

  • Procedural Criminal Law: Regulates how investigations, trials, and punishments operate should be made.


  1. Investigation Phrase

The process begins with the reportage of the crime or the understanding of the crimes by the authorities themself. Police and prosecutors look for evidence, listen to the witnesses, and detain the witnesses in need. 

  • If the suspicions are efficient and sufficient, legal actions start. 

  • If not, the case is dismissed.


  1. Prosecution

Prosecutors decide if the evidence is strong enough to transfer them to the court or not. This process only lets the cases that have legal grounds move forward. 


  1. Trial Process

During the trial:


  • Both prosecution and defence sides show their evidence.

  • Judges or juries (based on the legal system) assess the evidence among their credibility levels. 

  • The witness has the right to a fair trial, legal representation (having a lawyer), and presumption of innocence. 


  1. Verdict and Sentencing

If the courtroom thinks that the witness, they give the proper punishment, such as:

  • Imprisonment

  • Fines

  • Community service

  • Probation

If the witness is not guilty, no further processes would be made.


The Importance of Criminal Law:

Criminal law is the core theme in law. It has a fundamental role in maintaining a safe and stable society. The importance of it can be explained in different dimensions:


  1. Protecting Social Order

Criminal law prevents bad and harmful behaviours and respects the rights of individuals as well as their freedoms. 


  1. Justice and Accountability

It ensures that individuals who have done something harmful or committed a crime are held accountable. By this, people recognised that no one is above the law. 


  1. Protecting Victims

By criminal law, victims can be heard and seen. Criminal law protects their rights and tries to repair the damage and harm they suffer.


Criticisms and Challenges of Criminal Law:

Despite its importance, some people criticise it in several ways:


  1. Misuse of State Power

Some people argue that governments may use criminal law for their own sake, which can lead to ethical concerns.


  1. Inequality in Justice

The socioeconomic status and nationality of defendants can sometimes be unfair to vulnerable groups. This leads to inequality in legal representation. 


  1. Wrongful Convictions

Deficiencies and errors in key elements of the legal system can lead to innocent people being punished.


  1. Slow Judicial Process

It may take a very long time for the court to conclude. This situation makes it difficult for both the plaintiff and the defendant to access justice.


Types of Crimes in Criminal Law:

Different crimes are categorised differently:


  1. Felonies (Serious crimes): 

Murder, kidnapping, drug trafficking, armed robbery, etc.

  1. Misdemeanours ( Less serious crimes):

Vandalism, minor assaults, petty theft

  1. Crimes Against Persons:

Rape, assault, homicide

  1. Crimes Against Property:

Arson, fraud, theft

  1. Crimes Against the State or Public Order:

Terrorism, corruption, tax evasion

  1. Cybercrimes:

online fraud, identity theft, hacking

Who Is the Father of Modern Criminal Law?

Modern criminal law was proposed by Cesare Beccaria, a thinker of the Enlightenment period. In his 1764 work “Dei delitti e delle pene” (On Crimes and Punishments), he emphasised the importance of criminal justice and argued that punishments should be proportionate, reasonable, and aimed at preventing crime. This way of thinking played an effective role in ending torture and laid the foundation for modern criminal law.

Perspectives of Criminal Law: 

There are two main perspectives when it comes to criminal law: the Reformist Perspective and the Abolitionist Perspective.

  1. Reformist Perspective

The ones who believe in this perspective are called ’’Reformists’’. They accept criminal law’s role but want systematic reforms such as less custodial sentences, restorative justice, better prison conditions, and legal aid. 

  1. Abolitionist Perspective

The ones who believe in this perspective are called ’’Abolitionists’’. They argue for no criminal law, and they want to change the system of criminal law entirely. They emphasise root causes of crime, harm repair, and community-based solutions. 


-Mayra İpekçioğlu


References and Further Reading:

Types of Criminal Law:


Theories of Criminal Law:


Substantive Law v. Procedural Law


Types of Criminal Law:


Do We Need Criminal Law?

Reformist Perspective v. Abolitionist Perspective: https://www.crimeandjustice.org.uk/between-reformism-and-abolitionism






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