Actus Reus And Participation In European Criminal Law

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Actus Reus and Participation in European Criminal Law

Author : Johannes Keiler
Publisher :
ISBN 13 : 9781780681351
Total Pages : 0 pages
Book Rating : 4.6/5 (813 download)

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Book Synopsis Actus Reus and Participation in European Criminal Law by : Johannes Keiler

Download or read book Actus Reus and Participation in European Criminal Law written by Johannes Keiler and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 EU, 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 EU has, so far, almost exclusively focused on specific criminal offenses and has failed to develop and define general principles of criminal law. The EU frequently refers to conduct, attempt, and participation in its legislation, but fails to determine what these concepts should denote. 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 steps into this lacuna by establishing what actus reus and rules on participation should look like in European criminal law. In addition, it investigates inchoate offenses 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 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 EU law. These results are subsequently merged into coherent principles of European criminal law. The author, Dr. Johannes Keiler, was awarded the prestigious criminal law Modderman Prize for this book in 2014. (Series: School of Human Rights Research - Vol. 60)

Modes of Liability in International Criminal Law

Author : Marjolein Cupido
Publisher : Cambridge University Press
ISBN 13 : 1108590152
Total Pages : pages
Book Rating : 4.1/5 (85 download)

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Book Synopsis Modes of Liability in International Criminal Law by : Marjolein Cupido

Download or read book Modes of Liability in International Criminal Law written by Marjolein Cupido and published by Cambridge University Press. This book was released on 2019-07-11 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Presently, many of the greatest debates and controversies in international criminal law concern modes of liability for international crimes. The state of the law is unclear, to the detriment of accountability for major crimes and of the uniformity of international criminal law. The present book aims at clarifying the state of the law and provides a thorough analysis of the jurisprudence of international courts and tribunals, as well as of the debates and the questions these debates have left open. Renowned international criminal law scholars analyze, in discrete chapters, the modes of liability one by one; for each mode they identify the main trends in the jurisprudence and the main points of controversy. An introduction addresses the cross-cutting issues, and a conclusion anticipates possible evolutions that we may see in the future. The research on which this book is based was undertaken with the Geneva Academy.

Criminal Liability of Managers in Europe

Author : Stanislaw Tosza
Publisher : Bloomsbury Publishing
ISBN 13 : 150991496X
Total Pages : 341 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Criminal Liability of Managers in Europe by : Stanislaw Tosza

Download or read book Criminal Liability of Managers in Europe written by Stanislaw Tosza and published by Bloomsbury Publishing. This book was released on 2018-12-27 with total page 341 pages. Available in PDF, EPUB and Kindle. Book excerpt: Every managerial decision is risky, at least to some extent. Conducting business is impossible without venturing into new territories and even the most ordinary daily choices could turn out to be failures. Excessive risk, however, can be very detrimental as was starkly illustrated by the most recent financial crisis. By criminalising managers' excessive risk-taking criminal law enters a sphere which is at the core of the activity it affects. At the same time it provides for criminal punishment for courses of conduct that, without doubt, can be extremely harmful. The objective of this book is to examine existing criminalisation of excessive risk-taking as well as to analyse whether such criminalisation is desirable and if yes, under which conditions.

Substantive Criminal Law of the European Union

Author : André Klip
Publisher : Maklu
ISBN 13 : 9046604403
Total Pages : 256 pages
Book Rating : 4.0/5 (466 download)

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Book Synopsis Substantive Criminal Law of the European Union by : André Klip

Download or read book Substantive Criminal Law of the European Union written by André Klip and published by Maklu. This book was released on 2011 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book is the result of the conference "Substantive Criminal Law of the European Union" organised by the Criminal Law Department of Maastricht University on 20 and 21 January 2011, with the generous support of the Faculty of Law of Maastricht University, the Koninklijke Nederlandse Academie van Wetenschappen, the Department of Criminal Law and Criminology of Maastricht University and the Hague Institute for the Internationalisation of Law (HIIL). --

The Fundamental Concept of Crime in International Criminal Law

Author : Iryna Marchuk
Publisher : Springer Science & Business Media
ISBN 13 : 3642282466
Total Pages : 311 pages
Book Rating : 4.6/5 (422 download)

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Book Synopsis The Fundamental Concept of Crime in International Criminal Law by : Iryna Marchuk

Download or read book The Fundamental Concept of Crime in International Criminal Law written by Iryna Marchuk and published by Springer Science & Business Media. This book was released on 2013-07-29 with total page 311 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the rapid development of the fundamental concept of a crime in international criminal law from a comparative law perspective. In this context, particular thought has been given to the catalyzing impact of the criminal law theory that has developed in major world legal systems upon the crystallization of the substantive part of international criminal law. This study offers a critical overview of international and domestic jurisprudence with regard to the construal of the concept of a crime (actus reus, mens rea, defences, modes of liability) and exposes roots of confusion in international criminal law through a comprehensive comparative analysis of substantive criminal laws in selected legal jurisdictions.

Complicity in International Law

Author : Miles Jackson
Publisher : Oxford University Press, USA
ISBN 13 : 0198736932
Total Pages : 273 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis Complicity in International Law by : Miles Jackson

Download or read book Complicity in International Law written by Miles Jackson and published by Oxford University Press, USA. This book was released on 2015 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: Analysing the nature of complicity in international criminal law, this book provides an account of the growing attention being paid to the issue. Exploring the responsibilities of individuals, states, and non-state actors in their obligations, the changing status of complicity in international law is demonstrated.

Introduction to Law

Author : Jaap Hage
Publisher : Springer
ISBN 13 : 3319572520
Total Pages : 396 pages
Book Rating : 4.3/5 (195 download)

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Book Synopsis Introduction to Law by : Jaap Hage

Download or read book Introduction to Law written by Jaap Hage and published by Springer. This book was released on 2017-08-07 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is exceptional in the sense that it provides an introduction to law in general rather than the law of one specific jurisdiction, and it presents a unique way of looking at legal education. It is crucial for lawyers to be aware of the different ways in which societal problems can be solved and to be able to discuss the advantages and disadvantages of different legal solutions. In this respect, being a lawyer involves being able to reason like a lawyer, even more than having detailed knowledge of particular sets of rules. Introduction to Law reflects this view by focusing on the functions of rules and on ways of arguing the relative qualities of alternative legal solutions. Where ‘positive’ law is discussed, the emphasis is on the legal questions that must be addressed by a field of law and on the different solutions which have been adopted by, for instance, the common law and civil law tradition. The law of specific jurisdictions is discussed to illustrate possible answers to questions such as when the existence of a valid contract is assumed.

Smith and Hogan's Criminal Law

Author : David Ormerod
Publisher : Oxford University Press, USA
ISBN 13 : 0198702310
Total Pages : 1393 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis Smith and Hogan's Criminal Law by : David Ormerod

Download or read book Smith and Hogan's Criminal Law written by David Ormerod and published by Oxford University Press, USA. This book was released on 2015 with total page 1393 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'Criminal Law' is written with the needs of the student foremost in mind to provide, more than ever, as modern and as comprehensive an exposition of the criminal law as he or she could possibly require.

Individual Criminal Responsibility for the Financing of Entities involved in Core Crimes

Author : Laura Ausserladscheider Jonas
Publisher : BRILL
ISBN 13 : 900447093X
Total Pages : 256 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis Individual Criminal Responsibility for the Financing of Entities involved in Core Crimes by : Laura Ausserladscheider Jonas

Download or read book Individual Criminal Responsibility for the Financing of Entities involved in Core Crimes written by Laura Ausserladscheider Jonas and published by BRILL. This book was released on 2021-12-28 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Anchored by the normative framework, this book aims to clarify the basis for individual criminal liability for persons who finance entities that perpetrate core crimes. The objective of this monograph is to clarify the rules to enable international courts and tribunals to identify the extent to which individual criminal liability attaches to the financing of core crimes, as well as the legal basis for such liability. By clarifying the criminal liability of individual who finance entities that perpetrate core crimes, this book also seeks to clarify the mental elements of the mode of liability of aiding and abetting. This is achieved through a thorough analysis of the applicable rules in the international arena, as well as through the comparative analysis.

The Future of EU Criminal Justice Policy and Practice

Author : Jannemieke Ouwerkerk
Publisher : BRILL
ISBN 13 : 9004367373
Total Pages : 275 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis The Future of EU Criminal Justice Policy and Practice by : Jannemieke Ouwerkerk

Download or read book The Future of EU Criminal Justice Policy and Practice written by Jannemieke Ouwerkerk and published by BRILL. This book was released on 2019-03-27 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: EU criminal justice is a fast developing and challenging area of EU law and policy that requires scholars from different disciplines to join forces. This book is a first attempt to establish such synergies. Coming from different angles, the authors deal with questions in the area of EU substantive criminal law, such as when criminalisation of conduct is an appropriate choice; how the process of (de)criminalisation could be advanced; what the role of evidence could be in this regard; and what consequences criminalisation decisions at EU level have for national legal orders. The book concludes with a demonstration of how similar issues arise in the field of procedural criminal law.

Criminal Law

Author : A. P. Simester
Publisher : Hart Publishing Limited
ISBN 13 : 9781841133645
Total Pages : 0 pages
Book Rating : 4.1/5 (336 download)

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Book Synopsis Criminal Law by : A. P. Simester

Download or read book Criminal Law written by A. P. Simester and published by Hart Publishing Limited. This book was released on 2003 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Aimed at undergraduate law students seeking a firm grasp of doctrine and principle, this text combines theoretical precision and depth with a detailed exposition of the law.

Theories of Co-perpetration in International Criminal Law

Author : Lachezar D. Yanev
Publisher : BRILL
ISBN 13 : 9004357505
Total Pages : 654 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis Theories of Co-perpetration in International Criminal Law by : Lachezar D. Yanev

Download or read book Theories of Co-perpetration in International Criminal Law written by Lachezar D. Yanev and published by BRILL. This book was released on 2018-05-07 with total page 654 pages. Available in PDF, EPUB and Kindle. Book excerpt: The proper construction of co-perpetration responsibility in international criminal law has become one of the most enduring controversies in this field, with the UN Tribunals endorsing the theory of joint criminal enterprise, and the International Criminal Court adopting the alternative joint control over the crime theory to define this mode of liability. This book seeks to reconcile the ICTY/R’s and ICC’s jurisprudence by providing a definition of co-perpetration that could be uniformly applied in the two justice models that these institutions represent: the ad hoc- and the treaty-based model. An evaluation framework is adopted, pursuant to which the origins, merits and deficiencies of the said competing theories are critically assessed, and a refined legal framework of co-perpetration responsibility is proposed.

The Oxford Handbook of Criminal Law

Author : Markus D Dubber
Publisher : OUP Oxford
ISBN 13 : 0191654604
Total Pages : 1294 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis The Oxford Handbook of Criminal Law by : Markus D Dubber

Download or read book The Oxford Handbook of Criminal Law written by Markus D Dubber and published by OUP Oxford. This book was released on 2014-11-27 with total page 1294 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of Criminal Law reflects the continued transformation of criminal law into a global discipline, providing scholars with a comprehensive international resource, a common point of entry into cutting edge contemporary research and a snapshot of the state and scope of the field. To this end, the Handbook takes a broad approach to its subject matter, disciplinarily, geographically, and systematically. Its contributors include current and future research leaders representing a variety of legal systems, methodologies, areas of expertise, and research agendas. The Handbook is divided into four parts: Approaches & Methods (I), Systems & Methods (II), Aspects & Issues (III), and Contexts & Comparisons (IV). Part I includes essays exploring various methodological approaches to criminal law (such as criminology, feminist studies, and history). Part II provides an overview of systems or models of criminal law, laying the foundation for further inquiry into specific conceptions of criminal law as well as for comparative analysis (such as Islamic, Marxist, and military law). Part III covers the three aspects of the penal process: the definition of norms and principles of liability (substantive criminal law), along with a less detailed treatment of the imposition of norms (criminal procedure) and the infliction of sanctions (prison law). Contributors consider the basic topics traditionally addressed in scholarship on the general and special parts of the substantive criminal law (such as jurisdiction, mens rea, justifications, and excuses). Part IV places criminal law in context, both domestically and transnationally, by exploring the contrasts between criminal law and other species of law and state power and by investigating criminal law's place in the projects of comparative law, transnational, and international law.

Comparative Concepts of Criminal Law

Author : Johannes Keiler
Publisher :
ISBN 13 : 9781780686851
Total Pages : 0 pages
Book Rating : 4.6/5 (868 download)

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Book Synopsis Comparative Concepts of Criminal Law by : Johannes Keiler

Download or read book Comparative Concepts of Criminal Law written by Johannes Keiler and published by . This book was released on 2019 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This handbook ... 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"--Back cover.

Mens Rea and Defences in European Criminal Law

Author : Jeroen Blomsma
Publisher :
ISBN 13 : 9781780681047
Total Pages : 0 pages
Book Rating : 4.6/5 (81 download)

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Book Synopsis Mens Rea and Defences in European Criminal Law by : Jeroen Blomsma

Download or read book Mens Rea and Defences in European Criminal Law written by Jeroen Blomsma and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Based on the author's thesis (Ph.D)--Maastricht University.

Participation in Crime

Author : Alan Reed
Publisher : Routledge
ISBN 13 : 1317084012
Total Pages : 512 pages
Book Rating : 4.3/5 (17 download)

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Book Synopsis Participation in Crime by : Alan Reed

Download or read book Participation in Crime written by Alan Reed and published by Routledge. This book was released on 2016-05-13 with total page 512 pages. Available in PDF, EPUB and Kindle. Book excerpt: Following on from the earlier edited collection, Loss of Control and Diminished Responbility, this book is the first volume in the Substantive Issues in Criminal Law series. It serves as a leading point of reference in the area relating to participation in crime and identifies the need for a consistent approach to the doctrinal and theoretical underpinnings of complicity liability. With a section on the UK analysing points of current interest, the book also has a large comparative section dealing with foreign jurisdictions and examines on the basis of a unified research grid how different legal systems treat core issues of participation in the context of criminal law. This book is a valuable reference resource for those in the criminal justice community in the UK and abroad and for academics, the judiciary and policy-makers.

Core Concepts in Criminal Law and Criminal Justice

Author : Kai Ambos
Publisher : Cambridge University Press
ISBN 13 : 1108483399
Total Pages : 507 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Core Concepts in Criminal Law and Criminal Justice by : Kai Ambos

Download or read book Core Concepts in Criminal Law and Criminal Justice written by Kai Ambos and published by Cambridge University Press. This book was released on 2020-01-16 with total page 507 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comparative and collaborative study of the foundational principles and concepts that underpin different domestic systems of criminal law.