What is Substantive Criminal Law? By Matt Horeczko Crimes are defined by substantive criminal law, which describes the acts considered crimes and how punishments are administered. Matt Horeczko explains the definition of criminal law, the links to procedural criminal law, and the development of substantive criminal law today. Criminal law in the United States is divided into two types. Crimes are defined and punished by substantive criminal law. Criminal procedure is the actual process of investigating and prosecuting criminal behavior.
Today, substantive criminal law is based on tweaking older laws, enacting new laws in response to new criminal activity, and abolishing unnecessary laws. Substantive law has a long history. Legality is regarded as the keystone of criminal law in almost every legal system throughout the world. There are four dimensions to it. There can be no crime without a rule of law; therefore, immoral or antisocial behavior is not illegal, and punishment by law is not criminal. In some common-law countries, the law may be customary, but in the majority of countries, criminal law exists solely in statutes. Second, the principle of legality requires that criminal statutes be interpreted strictly and not extended analogically. Criminal statutes that are unclear in their meaning or application usually receive a narrow interpretation favorable to the accused.