Common law and civil law are two different ways to understand and use criminal law. Let’s break down what makes them unique by looking at their definitions, sources, and some basic ideas.

Definitions and Sources of Criminal Law

1. Common Law System:

   • Definition: In common law places, criminal law comes mainly from past court decisions. This means that what judges decided in earlier cases helps shape the law now.
   • Sources: The main sources of criminal law in common law include:
     • Case law: Decisions made by higher courts that set examples for future cases.
     • Statutes: Written laws created by lawmakers that can be understood better with past cases.
     • Judicial interpretations: Courts explain statutes and can make choices based on their understanding.

   For example, in the UK, the rules about theft have changed over time because of many court decisions that explain what theft really is and how it works.

2. Civil Law System:

   • Definition: In civil law places, criminal law is mainly laid out in detailed laws and codes. This type of law is more straightforward, with clear definitions and punishments.
   • Sources: The main sources in civil law include:
     • Codes: Detailed legal codes, like the French Penal Code, which clearly describe crimes and their punishments.
     • Legislative acts: Specific laws passed by the government that define what is considered a crime.
     • Scholarly writings: Academic work may help explain the laws, but it doesn't have the same strong influence as in common law.

   For instance, in Germany, theft is clearly defined in the German Penal Code, which provides specific details and penalties for the crime.

Conclusion

To sum it up, the main difference between common law and civil law is how they create and use laws. Common law relies on past court cases, while civil law is based on written codes and statutes. This affects how laws are followed and understood, changing everything from how lawyers work to how court cases are handled. Knowing these basic ideas is important for any student studying criminal law.