GENERAL INTRODUCTION AND PURPOSE OF CRIMINAL LAW

TOPIC OF THE DAY

- CRIME

- RUNNING OFFENCES

- THE CRIMINAL CODE

- PURPOSE OF CRIMINAL LAW

- DYNAMISM OF THE CRIMINAL LAW

CRIME

Crime refers to any act or omission that violates the laws of a particular jurisdiction and is punishable by that jurisdiction's legal system. It encompasses a wide range of activities, from minor offenses like traffic violations to serious crimes such as murder and robbery. In Nigeria, criminal offenses are governed by various statutes, including the Criminal Code Act and the Penal Code Act, depending on the region.

Elements of a Crime:

1. Actus Reus: The physical act or omission that constitutes the offense.

2. Mens Rea: The mental state or intent behind the act.

3. Causation: The link between the act and its consequences.

RUNNING OFFENCES

Running offenses, also known as continuing offenses, are offenses that are ongoing or continuous in nature. These offenses are not completed in a single act but continue over a period of time. Examples include drug trafficking, human trafficking, and certain types of fraud. See the case of Federal Republic of Nigeria v. Ndukwe & Ors (2017) LPELR-42061(SC) where the Supreme Court of Nigeria held that drug trafficking can be considered a running offense because it involves ongoing activities rather than a single isolated act.

THE CRIMINAL CODE

The Criminal Code Act is a statute that codifies criminal offenses and their punishments in Nigeria. It applies to the southern states of Nigeria, while the Penal Code Act applies to the northern states. The Criminal Code Act contains provisions on various offenses, defenses, and procedures relating to criminal matters. Examples are Section 316 which defines the offense of murder and prescribes its punishment, Section 390 which deals with the offense of theft and its penalties and Section 419 which addresses the offense of obtaining by false pretenses (commonly known as 419 fraud).

PURPOSE OF CRIMINAL LAW

The primary purpose of criminal law is to maintain social order, protect public safety, and uphold justice within society. It serves several key functions which includes;

1. Deterrence: this is by imposing penalties on offenders to deter individuals from committing crimes.

2. Punishment: this is where offenders are punished proportionally to the severity of their crimes as a form of retribution and to discourage future misconduct.

3. Rehabilitation: this is where it seeks to rehabilitate offenders through programs aimed at reforming their behavior and reintegrating them into society.

4. Protection: this is where it protects individuals and communities from harm by enforcing laws that prohibit certain behaviors.

5. Restitution: this is where offenders may be required to compensate victims for their losses or injuries.

DYNAMISM OF CRIMINAL LAW

The field of criminal law is dynamic and constantly evolving to adapt to changing societal values, technological advancements, and legal interpretations. See the case of State v. Awolowo (1963) 1 All NLR 178 where the Nigerian judiciary played a pivotal role in interpreting and expanding the scope of criminal liability, demonstrating the dynamism of criminal law in response to societal changes and legal challenges. This dynamism is evident in the following aspects:

1. Legislative Reforms: this is where lawmakers periodically amend criminal statutes to address emerging issues and improve the effectiveness of the legal system.

2. Judicial Precedents: this is where the courts interpret and apply existing laws to new situations, shaping the development of legal principles and doctrines.

3. Social Changes: this is where the changes in societal norms and attitudes influence the perception of certain behaviors as criminal offenses, leading to shifts in legal frameworks.

4. Technological Advances: this is where the proliferation of technology presents new challenges for law enforcement and requires updates to existing laws to address cybercrimes and digital evidence.