Criminal Liability in Criminal Law
Keywords:
Law, Criminal Law, LegislationAbstract
Criminal liability refers to a person's ability to be held accountable for the criminal acts they have committed. This liability determines whether a person will be punished or acquitted. In criminal law, criminal liability is personal or individual in nature, meaning that it cannot be transferred to another person. In proving the criminal acts committed by the perpetrator, there are justifying and excusing elements. If the perpetrator is deemed incapable of taking responsibility for the crime charged against them, the state is legally obliged to issue a decision in accordance with the applicable regulations and ensure the fairest judgment possible. The type of research used is normative legal research, also known as doctrinal legal research, as it focuses solely on written regulations or secondary legal materials. Normative legal research includes studies on legal principles, legal systematics, vertical and horizontal synchronization, comparative law, and/or legal history. The research employs two approaches: the Statute Approach and the Analytical Approach. This study aims to examine legal regulations in criminal law related to the process of imposing penalties on criminal offenders. The process in question must comply with the norms of criminal law and the procedures stipulated in statutory regulations.
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Law No. 8 of 1981 on the Criminal Procedure Code.
Law No. 1 of 1946 on the Criminal Code.
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