Intro to Criminal Law

What are crimes? Define them. 

Crimes are offences against certain goods, interests or values protected by the state. The protected issues include physical and sexual integrity, property, honour of human beings. 

Who prosecutes the offender in case of a crime? 

The offenders are prosecuted by the state 

What kind of criminal sanctions are applied? 

The criminal sanctions are imprisonment and fines and an elaborate set of corrective and preventive measures. 

Why are lies not always a crime? Provide a telling example and explanations

Lies with regards to private life are wrong but cause no harm to the state and its citizens. Defrauding and Perjury (Lying Under Oath) are the only lies that can get you prosecuted

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Which sub-category does criminal law include? 

"non-criminal" penal law (concerned with administrative crimes and disciplinary penalties). 

How do judicial criminal law and administrative criminal law differ? 

one differentiates between judicial criminal law and administrative criminal law depending on whether the criminal law is to be enforced by the courts or by the administrative authorities 

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How resp. through what are elements of crime regulated in Austria? 

Austrian Criminal Law (StGB) or in one of the instruments of secondary legislation

Which sources of criminal law do we distinguish?

Substantive Criminal Law 

Criminal Procedural (formal criminal) law 

Law of Prison Administration 

What is Substantive Criminal Law

The branch of law that defines and prohibits certain behaviors as crimes and establishes the corresponding penalties within the Austrian legal framework.

What is Criminal Procedural Law

* The main legal source is the Strafprozessordnung (StPO) - Criminal Procedure Code.


* This Code is a comprehensive statute regulating almost all procedural aspects of criminal investigation, trial, and appeal.


* Contains the rules regarding the function of the judges and the state prosecutors, the rights of victim's and of defendant's as well as the rights of witnesses'. 

What is Law of Prison Administration

* The main legal source is the Strafvollzugsgesetz (StVG)- Prison Act.


* This Code contains all the rules concerning the initiation, procedure and supervision of custodial sentences and measures. 

How can legal integrity be guaranteed? Which 2 things are important in this context? 

Legal integrity can only be guaranteed by observing the relevant laws, some of which are stated above 

* No crime without a law 
* No punishment without a law 

Who or what has a monopoly on punishment? 

The state has the monopoly on punishment 

Which two reasons are there for punishing an offender? Name and explain. 

General crime prevention: potential offenders should be prevented from committing crimes of this nature. 



Individual crime prevention: the goal is to deter the particular offender from committing the crime again. This is to be achieved by fending him off from society with the hope of re-integrating him into society after he has served the sentence. 

The judge has discretion in criminal law. What does this mean and what can the result with regard to punishment? 

There are reasons for mitigating (reducing) or aggravating (increasing) the duration of imprisonment or the fine imposed 

Which two main types of punishment do we distinguish? 

Imprisonment and Fines

What are other corrective measures? Name at least 2 of them. 

Imprisonment and fines can also be imposed conditionally 

There are specific institutions for the mentally ill, for drug addicts and for dangerous recidivists 

What is the principle of territoriality? Which area of law does it apply to? 

Within the territory of a country, only its own criminal laws are applicable 

Explain what the flag principle is and which impact it can have and where

The authorities are entitled to prosecute crimes committed on ships or airplanes carrying its nation's flag. It does not matter whether the crime is committed by a foreigner in or above foreign territory or on the high seas. 

Explain the term principle of universality.

The authorities of a country are free to prosecute for certain crimes committed by their own citizens abroad mainly where there is a high potential for negative impact on their own legal system, e.g. slavery (*§ 104 StGB*), trade in human beings (*Menschenhandel*, *§ 217 StGB*), organized crimes (*§ 278a Abs 1 StGB*), certain drug crimes. 

Explain the term principle of protection. 

The authorities are entitled to prosecute certain crimes committed by foreigners, even if not within their own territory and irrespective of whether the committed crimes are penalized in the state where the offences are committed 

What does “prohibition on retroactive legislation” mean?

The Criminal Code guarantees that nobody is to be sentenced for a crime which at the time of its commission had not been punishable, 

Provide an example to explain to “prohibition on retroactive legislation” 

Suppose a country abolishes the death penalty and passes a law declaring it illegal. The prohibition on retroactive legislation would ensure that individuals who were convicted and sentenced to death prior to the law's enactment cannot be executed. The new law would only apply to future cases, respecting the principle that laws should not be applied retrospectively.

Which fundamental principles of criminal procedure do you know? 

* Principle of Compulsory Prosecution (Anklagezwang/Legalitätsgrundsatz - § 34 StPO): 
* Principle of Accusation (Anklagegrundsatz - § 2 StPO): 
* Principle of Public Prosecution (Offizialmaxime - § 2 StPO): 
* Subsidiary Prosecution (Subsidiaranklage - § 2 StPO) 
* Private prosecution (Privatanklagedelikte - §§ 2, 46 StPO) 

What does the principle of compulsory prosecution mean? Explain. 

Given the constitutional principle of equality before the law, it is the state prosecutor's duty to prosecute all crimes if there is sufficient evidence to expect a conviction 

What does the principle of accusation mean? Explain. 

An authorized prosecutor must file criminal charges before a case can be tried in a criminal court. Once the authorized prosecutor has filed a case the court is limited to the extent of the Introduction to Criminal Law *Eustacchio* charge and is not allowed to extend the charge at his own discretion. 

What does the principle of public prosecution mean? Explain

The state enjoys a monopoly on the prosecution of criminal offences through the public prosecutor's office. It is the official duty of the state, through the public prosecutor and the police, to investigate crimes and to prosecute criminals. 

Which 2 exceptions exist for the principle of public prosecution? Name and explain them. 

* Application of the Victims
* Based on the victim consent

What is subsidiary prosecution? 

If the public prosecutor decides not to prosecute, the victim may, in some cases, assume the role of the prosecution 

What is private prosecution and which areas does it cover? Name a few examples. 

Offences subject to private prosecution. Some offences have a greater impact on the victim than on society, and it is supposed that society has less interest in prosecuting these offences. It is, therefore, set out by law that the victim assumes the role of a prosecutor and files a private suit 

Private Prosecution Examples

Such offences include certain violations of a person's honour, the disclosure of business secrets, and various offences against property if committed by a close relative, e.g. therapeutic treatment without proper authority 

Fundamental principles of trials – name them. 

1\.) Principle of orality 

2\.) Free estimation of evidence 

3\.) Principle of public trial 

4\.) Principle of participation of non-professional judges (Prinzip der Laienrichterbeteiligung 

Explain the term "principle of orality".

Only what has been said during the trial can be taken account of in the verdict 

Explain the term "free estimation of evidence". 

In order to convict the defendant, the judge has to be convinced of the defendant’s guilt. If this is not the case, the defendant is to be acquitted 

Explain the term "principle of public trial". 

Only in certain cases can the public be excluded from the trial. 

Explain the term "principle of participation of non-professional judges". 

For certain crimes, non-professionals can participate in trials and decide whether the defendant is guilty or not 

Definition of “Relevant Facts”

First of all, the facts of a relevant case have to be subsumed under a relevant statute 

Definition of “Relevant Statutes”

The next step is to find the relevant provision. For the above- mentioned case, § 127 StGB might be applicable 

What are the 4 mental states that are recognized within criminal law? Name them 

intent

knowledge

recklessness

negligence. 

What is Actus Reus and an example

Actus reus refers to the physical or external element of a crime, typically involving a voluntary action, omission, or conduct that is prohibited by law. It is the actual act or behavior that constitutes the criminal offense.

An example of actus reus can be a person physically stealing someone else's property. The act of taking the property without permission would be the actus reus in a theft crime.

What is mens reus and an example

Mens reus refers to the mental state or guilty mind element of a crime. It involves the intention, knowledge, or recklessness of the perpetrator when committing the prohibited act.

For example, consider a person intentionally and knowingly setting fire to a building with the intent to cause harm or destruction. In this case, the act of setting fire to the building constitutes the actus reus, while the mental state of intending to cause harm through the act of arson represents the mens reus

Which connection has to exist between actus reus and mens rea? 

The connection between actus reus and mens rea is that both elements must be present for the establishment of criminal liability. Actus reus refers to the physical act or conduct, while mens rea refers to the mental state or guilty mind. Both elements must coincide in order to prove that a crime has been committed.