What is the difference between criminal substantive law and criminal procedural law?

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2026-04-06 01:15

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Substantive criminal law refers to statutes criminalizing certain conduct, as well as common law or court created crimes. In substantive criminal law the focus is on the elements of the crime and whether or not the conduct for which the person stands accused fits the required elements of the crime.

Procedural criminal law refers to Constitutional rights afforded to us, as well as the statutory and court mandated procedures for obtaining search warrants, bringing formal criminal charges against a person, sharing of evidence, and conduct of the trial and/or appeal.

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