Questions tagged [criminal-law]
For questions about laws related to crime. Please add a location tag if the question is specific to a particular jurisdiction.
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Is it bigamy to marry someone to whom you are already married?
The goal is to obtain legal proof of marriage with the least amount of effort, such as travelling overseas and hiring translators and notaries. This is not a "renew vows" situation.
Answers ...
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Is not disclosing your address a reason alone to be remanded into prison? [closed]
What do you do if your duty solicitor recommended you to self represent but the judge / court basically ignores the testimony and continue to abuse, exploit and invert language and its meaning/origin ...
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Can I tempt the police into using a password that would destroy evidence without being guilty of destruction of evidence? [duplicate]
Purely hypothetical situation here, not at all related to my need to hide my plans for world domination on my laptop...honest!! Lets say I have incriminating evidence saved electronically somewhere. ...
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Is there a place where adultery is a crime?
Most countries I know of have regulations on marriage or partnership and there's a registration office for a change in marital status. But as far as I can tell, that's purely a civil matter. Getting ...
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Onlyfans account leaked to my family [duplicate]
I have an OnlyFans account which for obvious reasons I kept secret from everyone. But somehow someone has leaked its content (perhaps a friend or an ex-partner who wanted to take a revenge on me). He/...
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Still be questioned without a solicitor?
In the United Kingdom, England and Wales jurisdiction, when someone is arrested they are read a caution.
If at that moment, the person declines to give a statement, and then asks for a solicitor, can ...
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Can probation contact employers?
In this scenario, pretend John has a criminal record for two counts of Assault by Penetration contrary to section 2 of the Sexual Offences Act, after he was found guilty during trial. He was sentenced ...
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Is lying in an application for a job at a private company, signed under penalty of perjury, prosecutable as perjury?
A person applies for a job at the XYZ company. The XYZ company is a private company. As part of applying he fills out an application and signs it under penalty of perjury. The application has several ...
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Could the act of emailing publicly available information be deemed illegal?
Andy and Mary are friends. Andy discovers that Mary is secretly working as an escort. Nobody knows about this activity beyond Andy. He tries to convince her that escorting is harmful and will have a ...
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Can you double press charges on a person?
Okay, let's just use Person A and B for the question.
Person A gets harassed by Person B. Then Person B takes all Person A's belongings and money, and he dumps it. Then Person A goes crazy red angry, ...
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Can you keep money from an unknown source?
I have recently rewatched Breaking Bad, and something that happened in the last season had me wondering. Jessie tries to give $2.5M each to Mike's granddaughter and the family of the boy that was ...
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Can evidence that 100% proves guilt (but was obtained 100% illegally) sway a jury to convict? [closed]
Raymond the Rapist raped Dan the Dad's child. Dan takes Raymond to court, but there's 0 evidence, and it's basically a he-said-she-said deal, and there's nothing Dan can do to convict Raymond. So Dan, ...
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is mistake of fact a defence in various laws relating to protected classes?
If a law for example criminalises intimidating or assaulting someone who suffers from dwarfism , if the person doesn't know that the person is suffering from dwarfism or what dwarfism is but makes fun ...
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If you try to charge someone for something and it doesn't stick, can a less severe charge be made as a follow-up?
Say Mark is charged with A (let's say Murder), but the charges don't stick because e.g. he didn't do it on purpose. Can Mark then charged as a follow-up for B (e.g. involuntary manslaughter)? Or does ...
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Would keeping someone at home under fear of violence be abduction under Indian Penal Code section 364A?
IPC 364A states
Whoever kidnaps or abducts any person or keeps a person in detention after such kidnapping or abduction, and threatens to cause death or hurt to such person, or by his conduct gives ...
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Liable of sexual abuse in civil case and no prison time?
It was reported a few minutes ago that Trump Is Found Liable for Sexual Abuse in Civil Case, but "Its findings are civil, not criminal, meaning Mr. Trump has not been convicted of any crime and ...
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is it possible to override a provision regarding whether state or national law applies to a crime?
if a law has the following provisions
Where an act or omission constitutes an offence punishable under this Act and also under any other Central or State Act, then, notwithstanding anything contained ...
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What lawyer specialization needed to deal with obnoxious neighbors
I am the lucky one that is blessed with 2 obnoxious neighbors on either side of me. They are causing me all sort of issues. From property line wars to out right verbal harassments on a weekly/monthly ...
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idea behind the concept of alibi; people are innocent until proven guilty
What is the idea behind the concept of alibi in a legal system in which people are innocent until proven guilty?
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Can courts absolutely not grant bail or reduce sentences under the NDPS Act?
The Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) states the following
No suspension, remission or commutation in any sentence awarded under this Act.—Notwithstanding anything ...
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Are there laws in India against child violence outside schools?
For example there are many beggar children who are physically hurt by people like shop owners and the like to leave the premises etc. Is this punishable by any law?
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Giving somebody medicine against their will
Consider the case where an adult son is caring for his parent with dementia. The parent is considered legally competent and has been prescribed certain drugs by the parent's doctor.
The patient takes ...
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Is physical contact without motion to the person not covered under Indian penal code 349 ? (plain reading)
From a plain meaning perspective would it be considered covered?
Section 349 Indian Penal Code (IPC) states the following
A person is said to use force to another if he causes motion, change of ...
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Decoding and publishing lock combination
Many combination locks can easily have their combinations decoded, even while the lock is shut. Suppose someone decoded the combination to a lock, wrote down the combination on a piece of paper, and ...
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how is familial rape treated in Indian law?
Section 376, Indian Penal Code (IPC) states the punishment for rape commited by a..
...relative, guardian or a person in position of trust and authority
shall be rigiourous imprisonmment for minimum ...
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Can a defendant remain silent (invoke 5th amendment) during cross examination?
Suppose a defendant testifies at a criminal trial and is advised beforehand that the prosecution has a right to cross examine him. Suppose the defendant answers all of his lawyer's questions on direct ...
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What crime(s) was Deedee Blanchard guilty of, and what sentences do they carry (in any jurisdictions)?
Deedee Blanchard was found to have been murdered by her daughter and her boyfriend. The daughter was going to receive 30 years imprisonment but upon the court hearing of the crimes to which she has ...
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Are parents liable to prosecution as soon as they know that their child has stolen something?
In Germany, children up to the age of 14 are not liable to prosecution. What happens when a child steals a sweet in the supermarket and the parents don't notice at first? Only when they get home do ...
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What offence if any is committed by guessing a combination entry lock on a door?
If one effectively guesses the correct passcode to the lock so as to open it without causing any damage and then peacefully enters (seemingly a mere civil trespass) the (previously) secured premises, ...
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Does the law make exceptions for Good Samaritans?
I know very little about the law. When I watch court television shows, it seems like if a Good Samaritan breaks the law to stop a bad guy, the law/court turns a blind eye.
Are there cases where the ...
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Call from detective [closed]
say hypothetically someone committed a the crime of stealing a public sign and being publicly intoxicated under the age of 21..
The next day a detective calls asking to talk in person and says they &...
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Issues with asking if legal action have been taken? [closed]
I was working for a forum and have since left. To cut a long story short, I have an intrusive thought all day every day that he's going to take legal action against me, since we had a data breach(I've ...
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U.S. Law: Why would evidence be viewed in the light most favorable to prosecution?
Firstly, I'm requesting that persons focus on the question in the title of this post. Please do focus on that. I think for a rational trier of fact to view the evidence in the light most favorable to ...
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Computer Misuse Act - Extent to which Authorisation has to be proven [duplicate]
The Computer Misuse Act 1990, section 1, says that a person is guilty of an offence if
(a) he causes a computer to perform any function with intent to secure access to any program or data held in any ...
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Computer Misuse Act - What is necessary to prove unauthorised?
So, the act states an individual has to know the access is "unauthorised". How is this proven by the state? Of course, for a simple act like entering a username/password that they know they'...
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Old backups containing login information [closed]
I've been keeping an old website backup of a website that I used to work on on my PC for the last year or so. It was all my own work and wanted to just keep it in case I ever wanted to reuse it or use ...
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Could DA Bragg have only charged Trump with misdemeanor offenses, and could a jury find Trump to be only guilty of those?
My understanding is that one of the most legally controversial parts of DA Bragg's indictment of former President Trump is the decision to elevate the charges of falsifying business records — ...
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What acts constitute crimes with respect to "criminal intent" upscaling of crimes?
Some acts are prohibited by law and punished one way if the person does the act, but if a certain intent is proven, the punishment can be increased. For example, arson may be one level of crime, but ...
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uk law, private prosecutions and the consent of the DPP
In the UK, suppose you are bringing a private prosecution against some individuals.
I believe that the person bringing the prosecution may terminate the case at any time.
However, if the (DPP) charges ...
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Why would Donald Trump be arrested?
The New York Times writes:
Donald J. Trump is preparing to walk into a Manhattan courtroom as both a defendant and a candidate, making final plans for his arrest on Tuesday [...].
Why would he be ...
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Why is the conviction rate in North America and Japan so high?
What causes the conviction rates in North America and Japan to be so high?
Are the cases usually strong where this happens? And what happens to weaker cases, do they result in an acquittal or do they ...
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Can the conduct of a victim after the act has occured have any bearing on the guilt of the accused?
Suppose someone causes grievous injury or harm to someone but the victim and accused later on reconcile voluntarily. Can the accused still be prosecuted for the act? Specifically in jurisdictions ...
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are all ex post facto laws or retroactive laws unconstitutional? [duplicate]
in India and America the respective constitutions have a prohibition against (in India its article 20).
would all kinds of retroactive laws be unconstitutional ?
for example amnesty laws that provide ...
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is NDPS unappealable and strict liability?
In india the primary Drug law is NDPS https://www.indiacode.nic.in/handle/123456789/1791?sam_handle=123456789/1362.
And from the wordings of the respective sections no appeal/remission/commutation is ...
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Is a police chief charging me again for same cause of action previously dismissed selective prosecution? [closed]
I live in a smal TX town (<850 people), with one policeman and a chief overseen by mayor and town council, where there is a 250ft rule for no livestock within city limits & an exemption noted ...
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Computer Misuse Act 1990 - Definition of unauthorised
My question is: What does "Unauthorised" mean? The legislation claims that it means not having "Consent" to access the system - does this refer to implicit or explicit? For example,...
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what does "force" and "criminal force" apply to in Indian Penal Code?
how is "force" interpreted in section 349 Indian Penal Code?
Force.—A person is said to use force to another if he causes motion, change of motion, or cessation of motion to that other, or ...
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Can underage people who commit a crime while underaged but are later charged with the same crime after turning 18 be tried as an adult?
U.S federal law specifically but are there other countries that do this and in USA is an affirmative defense possible in these cases where they are tried as an adult?
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What defences are available to a mandatory reporter who fails to report a crime?
Many countries have mandated reporting laws. In North America for example medical professionals are required to mandatorily report crimes (specifically sexual offences against children). Some laws ...
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Is Entrapment illegal by the officer committing it?
It's fairly well known that Entrapment can be considered a valid affirmative defense for the person who was induced to commit a crime. However, say that a police officer entrapped someone to, e.g.:
...
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