pénal

Pénal is an adjective used in French and related legal traditions to designate matters pertaining to penalties and criminal law. It appears in phrases such as droit pénal (criminal law), procédure pénale (criminal procedure), and code pénal (the penal code). The term signals a focus on crimes, punishments, and the rules governing their application.

In civil law systems, pénal law is typically divided into two parts: the substantive or general part (droit pénal substantiel) and the penal procedure (droit pénal procédural or procédure pénale). The substantive part defines crimes and penalties, including the elements of crime (such as the actus reus and mens rea), illegality, and culpability, as well as sanctions like imprisonment, fines, or community service. The procedure part governs investigations, charges, trials, evidence, appeals, and the execution of sentences, ensuring due process.

Many countries codify pénal law; for example, the French Code pénal is the principal source of substantive criminal law, complemented by the Code de procédure pénale for criminal procedure. Internationally, the term also appears in droit pénal international, which covers crimes that affect the international community, such as genocide and crimes against humanity, and in comparative law studies that examine criminal rules across jurisdictions.

Etymology and usage: pénal derives from Latin poena (penalty), via Old French peine. In English, the equivalent terms are criminal law or penal code; the adjective penal is used in specific legal contexts (penal code, penal sanctions, penal system) but is less common in everyday language.