Emerging Trends In Criminal Law

Emerging trends in criminal law. The course of criminal law has been determined by higher standard of living and culture, and greater social consciousness of the people which may pave the way to the abolition of crime and the ultimate replacement of judicial punishment by measures of public influence and education. The crime as a social phenomenon is of a rather complex nature and is connected with social process. The crime control is an organic part of the whole system of social activity aimed at public discipline. The crime is a negative and of course, dangerous phenomenon for society. It demoralises members of the society and does great material harm to the interest of the society. The problem of combating antisocial activity, insofar as the level of crime and tendency towards the crime is not entirely stable process. Thus the problem of crime control is no longer, but traditional by detecting and suppression of the crime. The approach to the problem has significantly changed due to the need for a scientific solution of it. Thus the emerging trend in criminal law is to control and the prevention of the offences. The aim of prevention is not to punish people, but to restrain, caution and protect them for committing crime by educating them. The humanism of the system of the criminal law is to control. Thus the prevention of offences has aim as strengthening the guarantees of social order. It is undoubtedly the relevance of social need for a theoretical analysis of the problem. The result of such research on the problem of crime prevention have been discussed in philosophical sociological and socio psychological, scientific process. Philosophy does not give ready made solution, but provides all branches of knowledge with correct theory of thought and method for finding these solution. The prevention of individual categories and groups of offence is based on differentiated approach. It is essential that the special attention be paid to the prevention of the crime effective the law and order situation. The problem of effectiveness in the prevention of the crime is very complex and that is quantitative. Thus it must be exercised reasonably for strenchening the criminal law and order by raising the effectiveness of prevention through comprehensive approach. The latest emerging trends in the criminal law are meant to achieve this purpose. The need to make the criminal laws more stringent is felt to effectively tackle the menace of terrorism and to combat it. the executive function of the Public Prosecutor has not been improperly exercised or that it is not an attempt to interfere with the normal course of justice for illegitimate reasons or purposes. The ultimate guiding consideration while granting a permission to withdraw from the prosecution must always be the interest of administration of justice and that is the touchstone on which the question must be determined whether the prosecution should be allowed to withdraw. The Public Prosecutor may withdraw from the prosecution of a case not merely on the ground of paucity of evidence but also in order to further the broad ends of public justice, and such broad ends of public justice may well include appropriate social, economic and political purposes.