PUNISHMENTS & SENTENCES AVAILABLE IN CRIMINAL LAW
INTRODUCTION
The following are elements of a crime: an act of commission or omission on the part of a human being has been provided by the laws set in a country to be harmful, the transgressions of such harmful acts are prevented by a threat or sanction of punishment administered by the state and the guilt of the accused is determined after the accusation against him has been investigated according to the legal proceedings as provided for the constitution.
There are four theories of punishment to support the use of punishment in society. They include Retribution, deterrence, prevention, reformation.
Retributive theory seeks to punish offenders because they deserve to be punished. Modern …show more content…
Reformative Theory maintains that crime is a kind of disease and the criminal should be treated well so that he may be able to recover from this disease. Supporters of reformative theory opine that the government should adopt measures to remove bad conditions and hence prevent crime. It seeks to reform the offender by showing him the evil of his ways.
FORMS OF PUNISHMENT, SENTENCES
Age of Criminal Responsibility in Kenya is eight years old hence if a child less than eight years performs an act of omission which by law is defined as a crime he/she cannot be held responsible for the crime hence cannot be charged in a court for prosecution.
If a child aged between the age of eight and twelve commits a criminal offence then before prosecution the court must establish whether the child understood the consequences of his / her actions if not then the child will not be prosecuted but if they understood then the child will be prosecuted.
DEATH
Section 25 of the Penal code provides for death as one of the punishments which may …show more content…
FORFEITURE
Section 29 (1) of the penal code provides that a person convicted of an offence under sections 118 in respect to obtaining property upon agreement that he will conceal a felony and 119 to the court may in addition order forfeiture of any property which has passed in connection with the commission of the offence.
Forfeiture is also provided for in the following statutes:
- Section 68 of the Forest Conservation and Management Act 2016 makes provisions for conviction of persons of an offence under these act in which the court may make an addition to any other ruling which include forfeiture of vessels, vehicles, tools used in commission of the offence.
- The Narcotic Drugs and Psychotropic Substances whereby section 7 provides for forfeiture of land used for cultivation of prohibited land. Under section 19 provides for forfeiture of narcotic drugs found in possession of a person who has no legal authority, or is in excess of the quantity or quality is different from what he is authorized to have or in a place other than where it is authorized to be kept. Section also 20 provides for forfeiture whereby any machinery equipment used for the commission of an offence should be forfeited to the
INTRODUCTION
The following are elements of a crime: an act of commission or omission on the part of a human being has been provided by the laws set in a country to be harmful, the transgressions of such harmful acts are prevented by a threat or sanction of punishment administered by the state and the guilt of the accused is determined after the accusation against him has been investigated according to the legal proceedings as provided for the constitution.
There are four theories of punishment to support the use of punishment in society. They include Retribution, deterrence, prevention, reformation.
Retributive theory seeks to punish offenders because they deserve to be punished. Modern …show more content…
Reformative Theory maintains that crime is a kind of disease and the criminal should be treated well so that he may be able to recover from this disease. Supporters of reformative theory opine that the government should adopt measures to remove bad conditions and hence prevent crime. It seeks to reform the offender by showing him the evil of his ways.
FORMS OF PUNISHMENT, SENTENCES
Age of Criminal Responsibility in Kenya is eight years old hence if a child less than eight years performs an act of omission which by law is defined as a crime he/she cannot be held responsible for the crime hence cannot be charged in a court for prosecution.
If a child aged between the age of eight and twelve commits a criminal offence then before prosecution the court must establish whether the child understood the consequences of his / her actions if not then the child will not be prosecuted but if they understood then the child will be prosecuted.
DEATH
Section 25 of the Penal code provides for death as one of the punishments which may …show more content…
FORFEITURE
Section 29 (1) of the penal code provides that a person convicted of an offence under sections 118 in respect to obtaining property upon agreement that he will conceal a felony and 119 to the court may in addition order forfeiture of any property which has passed in connection with the commission of the offence.
Forfeiture is also provided for in the following statutes:
- Section 68 of the Forest Conservation and Management Act 2016 makes provisions for conviction of persons of an offence under these act in which the court may make an addition to any other ruling which include forfeiture of vessels, vehicles, tools used in commission of the offence.
- The Narcotic Drugs and Psychotropic Substances whereby section 7 provides for forfeiture of land used for cultivation of prohibited land. Under section 19 provides for forfeiture of narcotic drugs found in possession of a person who has no legal authority, or is in excess of the quantity or quality is different from what he is authorized to have or in a place other than where it is authorized to be kept. Section also 20 provides for forfeiture whereby any machinery equipment used for the commission of an offence should be forfeited to the