Legal Literacy- General criminal law and special criminal law are two branches of criminal law that have fundamental differences. Here is a complete explanation of the differences between the two, with relevant examples.
Introduction
Criminal law is a branch of law that regulates prohibited acts and is threatened with criminal sanctions. Criminal law is divided into two branches, namely general criminal law and special criminal law.
General criminal law is the whole rule law that regulates criminal actss and sanctions aimed at everyone who commits a criminal act, regardless of their social status.
Meanwhile, criminal law special is the whole of legal rules that regulate criminal acts and sanctions that only apply to certain people, such as state officials, members of the military, or people who commit certain criminal acts.
Differences between General Criminal Law and Special Criminal Law
Here are some differences general criminal law and special criminal law:
Objects of General and Special Criminal Law
The object of general criminal law is everyone who commits a criminal act, regardless of their social status. This means that general criminal law applies to everyone, whether state officials, members of the military, or ordinary people.
Meanwhile, the object of special criminal law is certain people, such as state officials, members of the military, or people who commit certain criminal acts. This means that special criminal law only applies to certain people who meet certain criteria.
Subjects of General and Special Criminal Law
The subject of general criminal law is everyone who commits a criminal act, whether Indonesian citizens or foreign citizens. This means that general criminal law applies to everyone, whether Indonesian citizens or foreign citizens.
Meanwhile, the subjects of special criminal law are certain people who are regulated in certain laws. That is to say, special criminal law only applies to certain people regulated in certain laws.
Examples of Criminal Acts
Criminal acts in general criminal law are any acts that are prohibited and threatened with criminal sanctions. This means that criminal acts in general criminal law are acts that violate criminal law.
Meanwhile, criminal actsanda in special criminal law are any acts that are prohibited and threatened with criminal sanctions in certain laws. This means that criminal acts in special criminal law are acts that violate special criminal laws.
Here are some examples of criminal acts in general criminal law:
- Murder
- Theft
- Persecution
- Embezzlement
- Gambling
Here are some examples of criminal acts in special criminal law:
- Terrorism criminal acts
- Narcotics criminal acts
- Corruption criminal acts
Sanctions
Sanctions in general criminal law are general penalties, namely imprisonment, confinement, fines, or a combination of the three. This means that sanctions in general criminal law are punishments that can be in the form of imprisonment, confinement, fines, or a combination of the three.
Meanwhile, sanctions in special criminal law are special penalties, namely penalties regulated in certain laws, such as military imprisonment, juvenile imprisonment, or the death penalty. This means that sanctions in special criminal law are punishments regulated in special criminal laws.
Here are some examples of sanctions in general criminal law:
- Imprisonment for 5 years
- Confinement for 3 months
- A fine of Rp10 million
Here are some examples of sanctions in special criminal law:
- Military imprisonment for 10 years
- Child imprisonment for 5 years
- Death penalty
Conclusion
General criminal law and special criminal law are two branches of criminal law that have fundamental differences. These differences lie in the object of law, the subject of law, the crime, and the sanctions.
General criminal law applies to everyone, whether state officials, members of the military, or ordinary people. General criminal law regulates criminal acts that violate criminal laws. Sanctions in general criminal law are general penalties, namely imprisonment, confinement, fines, or a combination of the three.
Meanwhile, special criminal law only applies to certain people who are regulated in certain laws. Special criminal law regulates criminal acts that violate special criminal laws. Sanctions in special criminal law are special penalties, which are penalties regulated in special criminal laws.
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