What is criminal law?

Criminal law forms part of the definition of substantive (or material) law which consists of legal rules that set out the rights and duties of citizens or of the country itself. Both private and public law form part of substantive law, while formal or procedural law can be subdivided into laws relating to criminal procedure, civil procedure and the law of evidence.

The crime

Crime and delicts
When a crime is compared to a delict, its characteristics usually become clear. A delict, for instance, is an unlawful blameworthy act or omission which damages another person and gives them the right to demand compensation. However, a crime is an unlawful, blameworthy conduct punishable by the state. However, one act may still constitute both a crime and a delict in that it can lead to a claim for damages by an individual and can also be punishable by the state. The major difference
A crime is nearly always detrimental to the public interest whereas a delict is usually only injurious to the individual. In addition, criminal law forms part of public law while the law of delict is part of private law. The police play a crucial role here: they can proceed with a criminal case, regardless of the complainant's desire for this to happen.

Punishment

Damages and imprisonment
An important factor in any delict or crime is the punishment that ensues. For instance, in the case of a crime, the guilty party is punished with an intention to get retribution, prevent further crime of a similar nature, deter others from partaking in crime, and rehabilitating the offender. International perspective
Punishments differ according to the country involved. Some countries have severe penalties such as life imprisonment or even execution, while other countries are regarded as being particularly lenient. This is primarily because international criminal law is not imposed from one source, but that does not mean that it does not exist. International criminal law
This concept is nebulous at best, but there is certainly a framework in place for it to become more definite in the years ahead. The International War Crimes Tribunal at the Hague is an example of how international criminal law can impose its requirements on other countries, even if for the moment, this remains largely unenforceable.