Criminal Law Essay Example | Topics and Well Written Essays - 1500 words - 3

Criminal Law - Essay ExampleThe focus of the Commissions report had sensation two different and competing objectives. The first one be that of enhancing the scope of the lamentable law of put-on so as to prosecute fraudsters successfully and award them with appropriate sentence, however, this had to be balanced so that unacceptable limit were not placed on personal freedom or the law to become so isolated that it would be contrary to rule of law. The other one was to do away with the weak and inconsistent junto to defraud, under which it was a crime for two people to agree to do something which, in the absence of an agreement, either of them could lawfully do. The Commission went on to conclude that if a cosmopolitan fraud offence would be introduced, criminal law could be improved as they thought it would be more understandable by juries. The charges which were being used in such trials were numerous, and in their opinion none of them gave a crown meaning of fraud. The sta tutory offences in their opinion were too specific and so did not provide a surpass portrayal of fraud and the common law offence of conspiracy to defraud was wide and it was not of some(prenominal) help when looking for a distinction between fraudulent and lawful conduct.1Further, it was stated that a general offence of fraud would lead to effective prosecution, as there had been times when certain specific offences were aerated wrongly as there were other suitable offences. Further, there were cases under conspiracy to defraud brought or so by prosecution which would never have been charged if a generalized crime with a clear definition had been there. Thus, such problem had lead to higher costs of appeal and unfair acquittalsFinally, a hit crime of fraud in the opinion of the Commission would have led to simplification of the law of fraud, which would be helpful in determining whether an act