Johannes Keiler – Författare
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2 produkter
2 produkter
Del 60 - School of Human Rights Research
Actus Reus and Participation in European Criminal Law
Häftad, Engelska, 2013
1 120 kr
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With the coming into force of the Treaty of Lisbon the competences of the European Union in the realm of criminal law have greatly expanded. The Union, in a multitude of legislative instruments, requires its Member States to criminalize a big variety of harmful conducts. However, the criminal law legislation of the European Union has so far almost exclusively focused on specific criminal offences and has failed to develop and define general principles of criminal law. The Union frequently refers to conduct, attempt and participation in its legislation but fails to determine what these concepts should denote to. As a result the scope of European criminal law may differ among European countries as Member States will apply their national doctrines to European legislation. This book aims to step in this lacuna by establishing what actus reus and rules on participation should look like in European criminal law. In addition it investigates inchoate offences and corporate criminal liability. How should the doctrines of conduct, omission and causation be defined? How to attribute liability in case several people cooperate to bring about a criminal result?What should preparing and attempting a crime denote to in European criminal law and how can corporations best be held responsible for the harm they have caused? To answer these questions this book distills common general principles on actus reus, participation, inchoate and corporate liability from the national criminal justice systems of the Member States as well as from European Union law. These results are subsequently merged into coherent principles of European criminal law.
1 301 kr
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Comparative Concepts of Criminal Law is unique in the sense that it introduces the reader to the fundamental concepts and rules of substantive criminal law in a comparative way and not just to the criminal law system of one specific jurisdiction. Compared with other fields of law, like contract and property law, comparative research into the so-called general part of criminal law is quite a recent phenomenon within academia. The increasing 'Europeanisation' of criminal law and policy makes such a comparative approach even more necessary.This handbook therefore fills a legal educational gap by exploring basic concepts of substantive criminal law in three major European legal systems: the common law system of England and Wales and the civil law systems of Germany and the Netherlands. Each chapter focuses on a specific concept or doctrine that is necessary to determine criminal liability (e.g. actus reus, mens rea, defences, inchoate offences). Throughout the book the authors also highlight and discuss some recent legislative and judicial developments that broaden the scope of criminal liability in our modern culture of control.This book is not only invaluable for students, but also for legal practitioners who want to broaden their knowledge of criminal law.