WHAT IS THE SUBSTANTIVE CRIMINAL LAW?

The substantive criminal law is generally found in state "Penal Codes" (e.g. Texas Penal Code), state "Crimes Codes" or "Criminal Codes" and elsewhere in state statutes. Federal crimes are generally found in Title 18 of the United States Code "Crimes and Criminal Procedure."
The substantive criminal law is the law which
1.  defines crimes by specifying the elements of a crime. The elements of a crime are what the prosecution must prove beyond a reasonable doubt at a criminal trial  to get a conviction for that crime.

 They must, of course, prove beyond a reasonable doubt that the defendant is the perpetrator or otherwise liable under some legal doctrine.

2.  Specifies and defines what are the LEGAL defenses available to various crimes and who has what burden of proof with regard to those defenses.  Factual defenses are always available to defendants and most are not listed in the substantive criminal law.  For instance, "alibi" is a  factual defense, but is not specifically provided for in many criminal laws.  It is not, for instance, found in the Texas Penal Code.

3.  Specifies when a person (or in some cases a company or corporation, etc.) can be liable for the acts of another person.  For instance, an 'accomplice' or 'co-conspirator' can be liable for murder even if the did not directly cause the victim's death (e.g. liable for murder even if the didn't pull the trigger

4.  Species the punishments or range of punishments that may be imposed if the person is convicted.

Criminal statutes and penal or criminal codes also often include other matters such as inferences and presumptions, but these more probably belong to the law of criminal evidence or criminal procedure.





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