Strafferet

Strafferet, or criminal law, is the branch of law that defines crimes, prescribes penalties, and governs how criminal liability is determined and enforced. It specifies which acts or omissions are punishable, the required fault or mental state, permissible defenses, and the range of sanctions available to the state. The aim is to deter harm, protect individuals and property, and safeguard rights.

Substantive strafferet concerns offences and punishment, while procedural strafferet governs how proceedings are conducted. In many systems, the substantive rules are in a penal code; procedural rules appear in separate statutes and court rules. For example, in Denmark the Strafloven (Penal Code) defines offences and penalties, with further laws covering specific crimes and procedures.

Core concepts include actus reus (the prohibited conduct), mens rea (the mental state), and causation, alongside the legality principle (nulla poena sine lege). Offences may be intentional or negligent, with some systems recognizing strict liability. Defenses such as mistake of fact, duress, self-defense, insanity, or incapacity can negate liability.

Criminal procedure involves investigation and prosecution by the state, and adjudication by courts. The accused enjoys presumption of innocence, a fair trial, legal counsel, and protection against unlawful detention. The burden of proof is typically beyond reasonable doubt. Punishments range from fines and short sentences to long imprisonment, with rehabilitative and preventive measures.

Strafferet evolves with social values, balancing punishment, deterrence, rehabilitation, and human rights. It interacts with related areas such as evidence law and criminal procedure, and remains subject to reform as crime patterns and societal norms change.