Purpose of the Hawaii Penal Code

The purposes of this Code are to codify the general principles of the penal law and to define and codify certain specific offenses which constitute harms to basic social interests which the Code seeks to protect. [L 1972, c 9, pt of §1] COMMENTARY ON §701-103 This section states the general purposes of the Code which are twofold. First, the Code defines the general principles of the penal law, including those principles relating to liability, justification, responsibility, inchoate behavior, and disposition of convicted defendants. Many of these basic principles are not presently defined in the statutory law and depend, for recognition and development, on decisional law. Secondly, the Code undertakes to codify a major portion of the penal law by defining and codifying the bulk of those specific offenses which constitute harms to social interests which the law in general and this Code in particular seek to protect: i.e., offenses against the person, property rights, the family and incompetents, public administration, public order, and public health and morals. In this respect the purpose of the Code is not different than that of existing law; however, the Code, unlike present law, reflects this purpose in its organization: the definition of offenses in chapters 707 through 712 are arranged according to the social interest offended, rather than in a somewhat alphabetical fashion as was the case in the former Title 38, now repealed.