Criminal law

Criminal law is the set of rules that deals with crime. It forbids behavior seen as threatening, harmful, or dangerous to people’s property, health, safety, or well-being—including one’s own. Most criminal law comes from statutes, meaning laws passed by a legislature, and it covers both punishment and rehabilitation for those who break these rules. Criminal law differs by jurisdiction and is distinct from civil law, which focuses more on settling disputes or compensating victims rather than on punishment or rehabilitation. Criminal procedure is the formal official process that confirms a crime occurred and authorizes punitive or rehabilitative measures for the offender.

**History** Early civilizations did not separate civil and criminal law. The Sumerians created the first written legal codes. Around 2100–2050 BC, Ur-Nammu, the Neo-Sumerian king of Ur, enacted a written code—the Code of Ur-Nammu—though an earlier code by Urukagina of Lagash (2380–2360 BC) is also known. Another key early code was the Code of Hammurabi, which formed the basis of Babylonian law. Only fragments of ancient Greek criminal laws, such as those of Solon and Draco, have survived.

In Roman law, Gaius’s *Commentaries on the Twelve Tables* also mixed civil and criminal aspects, treating theft (*furtum*) as a tort. Assault and violent robbery were compared to trespass on property. Breaking such laws created a legal obligation (*vinculum juris*) settled by paying monetary compensation or damages. Imperial Rome’s criminal law is compiled in Books 47–48 of the *Digest*. After Roman law was revived in the 12th century, sixth-century Roman classifications and legal reasoning provided the foundation for distinguishing criminal from civil law in European law from then onward.

The first signs of the modern split between crimes and civil matters appeared during the Norman invasion of England. The specific idea of criminal punishment, at least in Europe, emerged from Spanish Late Scholasticism (notably Alfonso de Castro). There, the theological concept of God’s penalty (*poena aeterna*), inflicted solely for a guilty mind, was first absorbed into canon law and later into secular criminal law. Key figures in early modern criminal law were the German jurist Benedikt Carpzov (1595–1666), a Leipzig law professor, and two Italians: Roman judge and lawyer Prospero Farinacci (1544–1618) and Piedmontese lawyer and statesman Giulio Claro (1525–1575).

The state’s role in dispensing justice through courts became clear in the 18th century, when European countries began maintaining police services. From then, criminal law formalized enforcement mechanisms, allowing it to develop as a distinct field.

**Objectives of criminal law** Criminal law stands out for the uniquely serious potential consequences of breaking its rules. Every crime has specific elements. In some jurisdictions, capital punishment may be used for the most serious crimes. Physical or corporal punishment, like whipping or caning, may be imposed, though these are banned in much of the world. Individuals can be incarcerated in prison or jail under various conditions depending on the jurisdiction. Confinement may be solitary. The length of incarceration can range from a day to life, based on the crime, criminal history, jurisdiction, court decision, and other factors. Government supervision, such as house arrest, may be ordered, and convicts may have to follow specific guidelines as part of parole or probation. Fines can also be imposed, taking money or property from a convicted person.

Five widely accepted objectives guide criminal law enforcement through punishment: retribution, deterrence, incapacitation, rehabilitation, and restoration. Jurisdictions differ on how much weight to give each.

- **Retribution** – Criminals should be punished in some way. This is the most common goal. Offenders have taken unfair advantage or caused unjust harm to others, so the criminal law imposes an unpleasant disadvantage to “balance the scales.” People follow the law to gain the right not to be murdered; if they break these laws, they give up the rights the law grants them. So, a murderer may be executed. A related idea is “righting the balance.” - **Deterrence** – Individual deterrence targets the specific offender, aiming to impose a penalty severe enough to discourage that person from reoffending. General deterrence targets society at large: by punishing offenders, others are discouraged from committing similar crimes. - **Incapacitation** – This keeps criminals away from society to protect the public from their misconduct. It is often achieved through prison sentences today, and sometimes by dissolving companies. - **Rehabilitation** – This aims to turn an offender into a productive member of society. Its main goal is to prevent further offenses by convincing the offender that their behavior was wrong. - **Restoration** – A victim-oriented theory of punishment. The goal is to repair, through state authority, any harm the offender caused the victim. For example, an embezzler must repay the amount stolen. Restoration is often combined with other criminal justice goals and is closely related to civil law concepts, such as returning the victim to their original state before the injury.

**Selected criminal laws** Many laws are enforced by...