ABSTRACT

There are several aspects of the function and structure of criminal law that prevail in all parts of the world, including the South Pacific region. Some of these aspects or themes are outlined here.

Criminal law is an aspect of public law: prosecutions are brought by or on behalf of the State against a person or persons who have been charged or indicted with a criminal offence. Criminal law is what determines the boundaries within which the agencies and actors of the criminal justice system operate. The criminal justice system is a system of rules, procedures and institutions whose purpose is to govern the behaviour of those individual persons and/or groups of persons who are subject to the criminal law. Generally, all members of a society are subject to all of the criminal law, although there may be some aspects of the criminal law that only really apply to particular individuals or groups within a society. For example, offences relating to financial accounting practices could be viewed as a part of the criminal law that only really applies to those persons or organisations who are engaged in activities that are governed by the specific laws that create such offences.