Humans have always construed societies dependent on some social order and
have developed rules to assure the continuity of that orderly society and to protect
its members. Crudely put, criminal law can be defined as a body of rules by which
the state prohibits certain forms of conduct because it harms or threatens public
safety and welfare and that imposes punishment for the commission of such acts.
Already early Babylonian law, as well as the Roman Twelve Tables and the Ten
Commandments of the Christian Bible, included rules on crimes such as theft,
adultery, rape, murder, etc. However, it would be a fallacy to believe that contem-
porary criminal law is still confined to these traditional and most prominent forms
of wrongdoing. In modern society, the realm of criminal law has been considerably
extended and nowadays also covers a multitude of fields spanning from environ-
mental and economic crimes to tax and traffic offenses, etc.
Crimes as Public Wrongs Two prominent features of criminal law distinguish it
from other branches of law. On one hand, criminal law deals with so-called public
wrongs as opposed to private wrongs (with which civil law is concerned). Crimes
are socially proscribed wrongs that concern the community as a whole. This
fundamental principle also shows itself if one compares criminal law with civil
law cases. A criminal case is between the whole political community, the state or
the people, and the defendant. It expresses a hierarchical relationship between the
state and the individual who is called to answer for his wrongful and blameworthy
behavior. Conversely, civil law cases take place between two equal parties, and it is
up to the person who was wronged to seek legal redress.
Punishment and Censure Furthermore, perhaps the most important difference
with other branches of law is that a violation of the rules of criminal law commonly
triggers the imposition of public censure and (severe) punishment. However, the
imposition of criminal punishment constitutes a severe encroachment on an
individual’s freedom and autonomy and should therefore not be imposed lightly
and only as a last resort (ultima ratio). For that reason, a multitude of different
doctrines have been developed that aim to assure that the attribution of liability and
punishment remains fair and just. Some of these doctrines will be discussed
throughout this introductory chapter.
A popular folk conception of criminal law takes a victim-centered view and
perceives criminal law as an instrument of retaliation. By means of criminal law,
the perpetrators of (heinous) crimes receive the punishment they deserve for their
criminal deeds. However, such a view is oversimplistic and forgets that criminal
law is also and perhaps more importantly an instrument of both social control and
control of governmental power, protecting not only society against crime but also
the human rights of citizens, including criminals, against a too intrusive state.
Criminal law influences and regulates behavior in a way we see fit in our society.
This is done by limiting and protecting freedoms at the same time. Criminal law
creates freedom for human beings by protecting important interests, for instance
their property rights. On the other hand, it limits freedoms by closely
122 J. Keiler et al.