Criminal Law is a law which is used in criminal court or session court to define criminal offences, regulate the charging and conduct the trial of the suspected person. Criminal Law defined by the statute and enacted by the legislature, and it varies from country to country and different from civil law. Before we dive into further let’s take a look in below terms:
- Criminal is a term used for a person who committed or involved in an act which is perceived as offences according to laws or traditions or both.
- Crime is an act, behavior, omission which is defined by law as deserving of punishment or rehabilitation. Many crimes require the element of intent and certain crimes committed based on strict liability even though the person have no intention of performing the criminal act. Crimes are considered in two types. First one is called “mala prohibita” (bad because prohibited) they are condemned by law but not consider as evil and second one is called “mala in se” (bad in themselves) they are considered inherently evil under general law standard.
There are some differences in term for criminal in different countries since same act is seem like offence in one country while not in other countries. But there are some common terms used in criminal in a legal sense include.
- The Criminal law,
- The Legal Process,
- The Criminal Procedure etc.
Objectives of Criminal Law
There are widely recognized five objectives for enforcing law and jurisdiction determine the value placed on each. These are:
- Retribution: Its main goal is to punish the criminals in some way. When an offender inflicts unfair treatment towards others, the criminal law will put the offender in some unpleasant disadvantages to balance the scale.
- Deterrence: Deterrence is aimed to impose a penalty to the offenders so that it may discourse them to commit crimes.
- Incapacitation: It’s aimed to protect citizens from the misconduct of the criminals by separating them from society. Its purpose is done by imprisonment, banishment and death penalty.
- Rehabilitation: It’s aimed towards transformation of a criminal to a valuable citizen so that it can prevent further crimes by convincing the criminals of their wrongdoing.
- Restoration: It’s combined with the main principle of criminal justice and civil law. Its main goal is to be returning the victim to its original position before inflicting injury.
The Penal Code (Bangladesh) is the official criminal law of Bangladesh. It is derived from British India and adopted on 06 October 1860. After partition it was known as The Pakistani Penal Code. It’s a legacy of Victorian era and had been amended many times with the latest being in 2004. It consists of 23 chapters and take effect on throughout Bangladesh. Fraud, Habeas Corpus, Anti-Corruption, Cyber Crime, Quashment Law, Child Abuse etc. are under criminal law.
Criminal Proceedings in Bangladesh are regulated by the code of criminal procedure, 1898 and it has four stages:
- Initial Stage: Initial Stages includes the following steps:
- FIR in cognizable offence.
- Complain in cognizable & non-cognizable offence.
- Charge Sheet or Final Report
- Naraji Petition
- Proceeding Stage: Proceeding Stage includes the following steps:
- Taking Cognizance
- Issuing Process
- Transfer of the Case
- Trail Stage: Trail Stage includes the following steps:
- Framing of Charge
- Plea & Conviction
- Hearing/Taking Evidence/Examination Etc.
- Post Trail State: Post Trail Stage includes the following Step:
- Execution of Sentence
Criminal Cases are tried before the Judicial Magistrate or the Session Judge court as per their nature and procedure.
- Trail by Magistrate:
- Section 241 of CrPC: Procedure in Cases.
- Section 241A of CrPC: When accused shall be discharged.
- Section 242 of CrPC: Charge to be framed.
- Section 243 of CrPC: Conviction on admission of truth of accusation
- Section 244 of CrPC: Procedure when no such admission is made.
- Section 245 of CrPC: Acquittal or Sentence
- Section 247 of CrPC: Non-appearance of Complainant
- Section 2418 of CrPC: Withdrawal of Complaint
Section 249 of CrPC: Power to stop proceedings when no complainant.
- Trail by Court of Session:
- Section 265A of CrPC: Trail to be conducted by Public Prosecutor
- Section 265B of CrPC: Opening Case for Prosecution
- Section 265C of CrPC: Discharge
- Section 265D of CrPC: Framing Charge
- Section 265E of CrPC: Conviction of Plea of Guilty
- Section 265F of CrPC: Date for prosecution evidence
- Section 265G of CrPC: Evidence of Prosecution
- Section 265H of CrPC: Acquittal
- Section 265I of CrPC: Entering upon Defense
- Section 265J of CrPC: Arguments
- Section 265K of CrPC: Judgment of Acquittal or Conviction
How can we help you?
Welcome to Zeroplus-Legal, your steadfast partner in navigating the intricate realm of the Criminal Act in Bangladesh. Our dedicated legal team is here to provide you with expert guidance and unwavering support when it comes to matters concerning personal liberty and freedom.
Our Expertise in Criminal Act Matters:
Immediate Action: We understand the urgency associated with criminal cases. Our legal experts swiftly analyze your situation and initiate prompt legal actions to secure your release from unlawful detention.
Legal Strategy Development: Our experienced attorneys craft strategic plans tailored to your specific circumstances, ensuring the strongest case possible for the issuance of a writ of criminal case.
Application Drafting and Filing: We meticulously draft and file criminal case applications with the appropriate courts, presenting compelling legal arguments that emphasize the violation of your fundamental rights.
Court Representation: Zeroplus-Legal's seasoned litigators passionately advocate on your behalf during criminal case hearings, ensuring that your voice is heard, and your rights are vigorously defended.
How Zeroplus-Legal Can Assist:
Comprehensive Consultation: We provide detailed consultations to help you understand the intricacies of the Criminal Act, explaining your rights and the legal remedies available to you.
Application Preparation: Our legal experts meticulously prepare criminal case applications, articulating legal arguments that highlight the deprivation of your liberty and the urgency of your case.
Urgent Legal Actions: Understanding the time-sensitive nature of criminal cases, we initiate immediate legal actions to secure your release from unlawful detention.
Courtroom Advocacy: Zeroplus-Legal's experienced litigators represent you passionately during criminal case hearings, ensuring that your rights and liberties are protected throughout the legal proceedings.
Legal Research: Our team conducts thorough legal research to support your case, strengthening arguments with precedents and legal principles.
Why Choose Zeroplus-Legal:
Legal Advocates: Our legal professionals possess a deep understanding of the criminal act and relevant laws, offering expert advice and representation.
Tailored Approach: We recognize that every criminal case is unique. Our strategies are tailored to your specific situation and the urgency of your matter.
Ethical Advocacy: We uphold the highest ethical standards while advocating for your rights, ensuring a fair and just legal process.
Transparent Communication: We believe in transparent communication, keeping you informed about the progress of your case and the options available to you.
Client-Centric Focus: Your personal freedom matters to us. We provide unwavering support, working relentlessly to secure your release from unlawful detention.
Proven Success: Our successful track record in handling criminal cases underscores our proficiency in this specialized legal field.
At Zeroplus-Legal, we understand the critical nature of criminal case matters and the urgency they demand. Contact us today to leverage our expertise and embark on a legal journey that seeks to restore your personal liberty and safeguard your fundamental rights. Your freedom matters, and we are here to stand by your side throughout the process.