Итоговая контрольная работа №2 для студентов юридического факультета II курса

IVсеместр

I. Прочитайте текст:

What is a crime?

A distinction must be drawn between breaches of law which are crimes and those which are merely illegal without being criminal. The definition of a «crime» has always been a matter of difficulty. It has been stated that no really satisfactory definition of a «crime» has yet been evolved. Various definitions of a «crime» have from time to time been attempted.

«A violation of the public rights and duties due to the whole community considered as a crime» (Blackstone).

Austin stated that the distinctive attribute of criminal procedure in all countries lay in the fact that its sanctions are enforced at the discretion of the sovereign, that is to say, that the sanctions or punishments of criminal procedure are remissible only by -the Crown¹ whereas the power of remitting a sanction in a civi1 ruling can be exercised by any private person.

Professor Kenny defined crimes as «wrongs whose sanction is punitive and is in no way remissible by any private person but is remissible by the Crown alone if remissib1e at all».

In Russel’s On Crime crimes are defined as «those acts or omissions involving breach of a duty to which by the law of England a sanction is attached by way of punishment or pecuniary penalty in the public interest».

The following definition has also been given:

«A crime is an act which is forbidden², or the omission to perform an act which is commanded, by the Common Law, by statute or by Regulations made by a subordinate authority; the remedy for which is the punishment of the offender at the instance of the State».

Perhaps, the matter may be summarized by saying that a criminal offence is an offence against, not necessarily violating any private right and punishable by the State.

2. Ответьте на следующие вопросы:

1. Are all breaches of law crimes?

2. Is there a satisfactory definition of a «crime»?

3. What is a «crime» according to Blackstone’s definition?

4. What problem did Austin deal with?

5. Did Professor Kenny support Austin’s point of view?

6. What is the last given definition of a «crime»?

III. Передайте на русском языке содержание каждого ответа.

IV. Выберите предложения, соответствующие содержанию текста, переведите их на русский язык:

1. It is necessary to draw a distinction between crimes and those breaches of law which are not criminal.

2. Nobody has tried to give a really satisfactory definition of a «crime».

3. Though many attempts have been made, no really satisfactory definition of a «crime» has yet been evolved.

4. Many famous jurists define a «crime» as an act violating the law of the State.

5. Analysing criminal and civil procedure Austin discusses power of imposing and remitting punishments.

6. According to Russel a sanction is attached by way of punishment or pecuniary penalty in the public interest.

7. Any act forbidden or any omission to perform an act commanded by the law of the state is a crime.

8. Crimes may be punished by any private person injured by the offender.

9. Crimes are punishable by the State only.