Réflexions sur l'applicabilité aux personnes morales des causes d'exonération de responsabilité pénale

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ISBN 13 :
Total Pages : 710 pages
Book Rating : 4.:/5 (492 download)

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Book Synopsis Réflexions sur l'applicabilité aux personnes morales des causes d'exonération de responsabilité pénale by : Ibrahima Niass Dia

Download or read book Réflexions sur l'applicabilité aux personnes morales des causes d'exonération de responsabilité pénale written by Ibrahima Niass Dia and published by . This book was released on 2006 with total page 710 pages. Available in PDF, EPUB and Kindle. Book excerpt: L'instauration de la responsabilité pénale des personnes morales par le législateur en 1994 a été considérée comme l'une des innovations principales du nouveau Code pénal. Cependant, cette instauration a laissé tout un pan de questions entières, dont celle de l'applicabilité à leur égard des causes d'exonération de responsabilité pénale. Il apparaît ainsi que les causes objectives procédant d'une injonction, à savoir l'ordre ou la permission de la loi et du règlement et le commandement de l'autorité légitime et celle procédant de la nécessité, c'est-à-dire la légitime défense des personnes et des biens et l'état de nécessité proprement dit, sont parfaitement applicables aux personnes. A cela, il faut ajouter les causes subjectives procédant de l'absence de juste détermination, à savoir l'erreur et la contrainte, qui sont elles aussi, tout à fait, transposables aux êtres moraux. Toutefois, les causes subjectives procédant d'un déficit de discernement, c'est-à-dire les troubles psychiques ou neuropsychiques et la minorité pénale, semblent poser plus de difficultés. En effet, ces dernières ne sont pas applicables aux personnes morales en raison d'obstacles anthropomorphiques ou en raison d'obstacles juridiques.

Réflexions sur l'applicabilité aux personnes morales des causes d'éxonération de responsabilité pénale

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ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (991 download)

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Book Synopsis Réflexions sur l'applicabilité aux personnes morales des causes d'éxonération de responsabilité pénale by : Ibrahima Niass Dia

Download or read book Réflexions sur l'applicabilité aux personnes morales des causes d'éxonération de responsabilité pénale written by Ibrahima Niass Dia and published by . This book was released on 2007 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Making Better International Law

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ISBN 13 :
Total Pages : 472 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Making Better International Law by :

Download or read book Making Better International Law written by and published by . This book was released on 1998 with total page 472 pages. Available in PDF, EPUB and Kindle. Book excerpt: This publication contains the texts of the papers presented at the UN Colloquium, together with a record of those presentations and of the discussions which took place around them.

Crime and Police Effectiveness

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ISBN 13 :
Total Pages : 658 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Crime and Police Effectiveness by : R. V. G. Clarke

Download or read book Crime and Police Effectiveness written by R. V. G. Clarke and published by . This book was released on 1984 with total page 658 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Handbook of European Criminal Procedure

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Publisher : Springer
ISBN 13 : 3319724622
Total Pages : 450 pages
Book Rating : 4.3/5 (197 download)

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Book Synopsis Handbook of European Criminal Procedure by : Roberto E. Kostoris

Download or read book Handbook of European Criminal Procedure written by Roberto E. Kostoris and published by Springer. This book was released on 2018-04-12 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume analyses criminal procedural issues from a European perspective, particularly in connection with EU law and ECHR law. As such, it differs from previous works, which, on the one hand, generally focus only on EU law, and, on the other, address both procedural and substantial aspects, as a result of which the former receive inadequate attention. Indeed, criminal procedural matters in the European context have now reached a level of complexity, but also of maturity, that shows the features of a great design, which, even if not yet defined in all its aspects, appears sufficiently articulated to deserve to be explained in a systematic way. The book offers a guidance for practitioners, academics and students alike. It covers a broad range of topics: from the complex system of the sources of law to the multilevel protection of fundamental rights; from vertical and horizontal judicial and police cooperation to the instruments of mutual recognition, primarily the European Arrest Warrant; but also the European Investigation Order, the execution of confiscation orders, the ne bis in idem principle, the conflicts of jurisdiction and the enforcement of judgements. The book also reflects the latest regulation on the establishment of the European Public Prosecutor’s Office.

Blasphemy, Insult and Hatred

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Publisher : Council of Europe
ISBN 13 : 9789287166784
Total Pages : 318 pages
Book Rating : 4.1/5 (667 download)

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Book Synopsis Blasphemy, Insult and Hatred by : European Commission for Democracy through Law

Download or read book Blasphemy, Insult and Hatred written by European Commission for Democracy through Law and published by Council of Europe. This book was released on 2010-01-01 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: Mutual understanding and acceptance is perhaps the main challenge of modern society. Diversity is undoubtedly an asset, but cohabiting with people of different backgrounds and ideals calls for a new ethic of responsible intercultural relations, in Europe and in the World. This book tries to answer a series of pertinent and poignant questions arising from these issues, such as whether it is still possible to criticise ideas when this may be considered hurtful to certain religious feelings; whether society is hostage to the excessive sensitivity of certain individuals; or what legal responses there may be to these phenomena, and whether criminal law is the only answer.

United Nations Yearbook of the International Law Commission

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ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (452 download)

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Book Synopsis United Nations Yearbook of the International Law Commission by : United Nations. International Law Commission

Download or read book United Nations Yearbook of the International Law Commission written by United Nations. International Law Commission and published by . This book was released on 1956 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Liability of Legal Persons for Offences in the EU

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Publisher : Maklu
ISBN 13 : 9046605205
Total Pages : 203 pages
Book Rating : 4.0/5 (466 download)

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Book Synopsis Liability of Legal Persons for Offences in the EU by : Gert Vermeulen

Download or read book Liability of Legal Persons for Offences in the EU written by Gert Vermeulen and published by Maklu. This book was released on 2012 with total page 203 pages. Available in PDF, EPUB and Kindle. Book excerpt: Discussions of the possibility to attribute liability to legal persons for committing offenses are far from new. The EU landscape however is scattered. Although there are obligations for the Member States to introduce liability for legal persons committing offenses, diversity remains as to: the offenses that may trigger liability * the legal persons that may be held liable * the attribution theories and mechanisms used * the type of liability, which may be either penal, administrative, or civil * the sanctions that legal persons may incur. Consistent policy making requires an identification of the main commonalities and differences in view of being able to adequately reflect them in cross-national policy initiatives. Hence, the European Commission launched a call for tender for a study on the issue, which was awarded to the Institute for International Research on Criminal Policy (IRCP). The results are published in this book. Based on comparative legal analysis in the EU27, recommendations are formulated relating to the EU approximation policy (amongst others to reconsider the concept of a 'legal person' and to look into the need for specific 'legal person'-offenses), the functioning of mutual recognition (amongst others to extend the current mutual recognition instrumentarium), the exchange of information (amongst others to develop a criminal records policy), and procedural safeguards (amongst others to secure equivalent protection outside a criminal liability context). In other words, a helicopter view is taken to ensure consistent EU policy making. (Series: Institute for International Research on Criminal Policy [IRCP] - Vol. 44)

Prosecuting Serious Human Rights Violations

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Publisher : Oxford University Press
ISBN 13 : 0199569320
Total Pages : 363 pages
Book Rating : 4.1/5 (995 download)

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Book Synopsis Prosecuting Serious Human Rights Violations by : Anja Seibert-Fohr

Download or read book Prosecuting Serious Human Rights Violations written by Anja Seibert-Fohr and published by Oxford University Press. This book was released on 2009-07-09 with total page 363 pages. Available in PDF, EPUB and Kindle. Book excerpt: Is there a duty to prosecute serious human rights violations? This book examines this issue, drawing on international human rights instruments and case law. It finds flaws in the current prosecution of these crimes and develops proposals for improvement. Featuring in-depth analysis of trials, amnesties and impunity, it is a unique reference work.

Secession

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Publisher : Cambridge University Press
ISBN 13 : 9780521849289
Total Pages : 560 pages
Book Rating : 4.8/5 (492 download)

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Book Synopsis Secession by : Marcelo G. Kohen

Download or read book Secession written by Marcelo G. Kohen and published by Cambridge University Press. This book was released on 2006-03-21 with total page 560 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a comprehensive study of secession from an international law perspective.

Principles of International Criminal Law

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Publisher : Oxford University Press
ISBN 13 : 0198703597
Total Pages : 711 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis Principles of International Criminal Law by : Gerhard Werle

Download or read book Principles of International Criminal Law written by Gerhard Werle and published by Oxford University Press. This book was released on 2014 with total page 711 pages. Available in PDF, EPUB and Kindle. Book excerpt: Principles of International Criminal Law is one of the leading textbooks in the field. This third edition builds on the highly-successful work of the previous editions, setting out the general principles governing international crimes as well as the fundamentals of both substantive and procedural international criminal law.

Standard-Setting at UNESCO

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Publisher : BRILL
ISBN 13 : 9047422198
Total Pages : 430 pages
Book Rating : 4.0/5 (474 download)

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Book Synopsis Standard-Setting at UNESCO by : Abdulqawi A. Yusuf

Download or read book Standard-Setting at UNESCO written by Abdulqawi A. Yusuf and published by BRILL. This book was released on 2007-10-31 with total page 430 pages. Available in PDF, EPUB and Kindle. Book excerpt: Standard-setting represents one of the main constitutional functions of UNESCO and an important tool for realizing the goals for which the Organization was created. In addition to conventions and recommendations, the declarations adopted by the General Conference promulgate principles and norms intended to inspire the action of Member States in specific fields of activity. This first of a two-volume work on Standard-setting in UNESCO contains the essays presented at a symposium held on the occasion of its sixtieth anniversary. Topics addressed in Normative Action in Education, Science and Culture include methods of elaboration and implementation; constitutional objectives and legal commitments; international collaboration; and impact. CO-PUBLICATION WITH: UNESCO

The Casement Report

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Publisher : BoD – Books on Demand
ISBN 13 : 3734043476
Total Pages : 305 pages
Book Rating : 4.7/5 (34 download)

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Book Synopsis The Casement Report by : Roger Casement

Download or read book The Casement Report written by Roger Casement and published by BoD – Books on Demand. This book was released on 2018-09-21 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reproduction of the original: The Casement Report by Roger Casement

Labour Rights as Human Rights

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Publisher : Collected Courses of the Acade
ISBN 13 :
Total Pages : 272 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Labour Rights as Human Rights by : Philip Alston

Download or read book Labour Rights as Human Rights written by Philip Alston and published by Collected Courses of the Acade. This book was released on 2005 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: Are efforts to protect workers' rights compatible with the forces of globalization? How can minimum standards designed to protect labour rights be implemented in a world in which national labour law is more and more at the mercy of international forces beyond its control? And does it makeany difference if we see rights such as the right to freedom of association, to non-discrimination in the workplace, to freedom from child labour, and to safe and healthy working conditions in terms of international human rights law? Or are they more appropriately seen as 'principles' to bepromoted as and where appropriate?The contributors to this volume argue that international agreements and institutions are of central importance if labour rights are to be protected in a globalized economy. But the report cards they give to the World Trade Organization, the European Union, NAFTA, and the Free Trade Agreement of theAmericas are generally very critical. While there is a strong rhetorical commitment to labour rights, at least on the part of the US and the EU, the substance of what has been achieved to date is hardly impressive. The role of the International Labour Organization is central and the authorsexplore some of the options that are open to governments, civil society, and the labour movement in the years ahead.

Judicial Protection in the European Communities

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Publisher : Springer
ISBN 13 : 1489960988
Total Pages : 455 pages
Book Rating : 4.4/5 (899 download)

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Book Synopsis Judicial Protection in the European Communities by : Henry G. Schermers

Download or read book Judicial Protection in the European Communities written by Henry G. Schermers and published by Springer. This book was released on 2013-11-21 with total page 455 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Contested Justice

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Publisher : Cambridge University Press
ISBN 13 : 1316483266
Total Pages : 525 pages
Book Rating : 4.3/5 (164 download)

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Book Synopsis Contested Justice by : Christian De Vos

Download or read book Contested Justice written by Christian De Vos and published by Cambridge University Press. This book was released on 2015-12-18 with total page 525 pages. Available in PDF, EPUB and Kindle. Book excerpt: The International Criminal Court emerged in the early twenty-first century as an ambitious and permanent institution with a mandate to address mass atrocity crimes such as genocide and crimes against humanity. Although designed to exercise jurisdiction only in instances where states do not pursue these crimes themselves (and are unwilling or unable to do so), the Court's interventions, particularly in African states, have raised questions about the social value of its work and its political dimensions and effects. Bringing together scholars and practitioners who specialise on the ICC, this collection offers a diverse account of its interventions: from investigations to trials and from the Court's Hague-based centre to the networks of actors who sustain its activities. Exploring connections with transitional justice and international relations, and drawing upon critical insights from the interpretive social sciences, it offers a novel perspective on the ICC's work. This title is also available as Open Access.

The Effects of Financial Crises on the Binding Force of Contracts - Renegotiation, Rescission or Revision

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Publisher : Springer
ISBN 13 : 331927256X
Total Pages : 340 pages
Book Rating : 4.3/5 (192 download)

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Book Synopsis The Effects of Financial Crises on the Binding Force of Contracts - Renegotiation, Rescission or Revision by : Başak Başoğlu

Download or read book The Effects of Financial Crises on the Binding Force of Contracts - Renegotiation, Rescission or Revision written by Başak Başoğlu and published by Springer. This book was released on 2016-02-25 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is about one of the most controversial dilemmas of contract law: whether or not the unexpected change of circumstances due to the effects of financial crises may under certain conditions be taken into account. Growing interconnectedness of global economies facilitates the spread of the effects of the financial crises. Financial crises cause severe difficulties for persons to fulfill their contractual obligations. During the financial crises, performance of contractual obligations may become excessively onerous or may cause an excessive loss for one of the contracting parties and consequently destroy the contractual equilibrium and legitimate the governmental interventions. Uncomfortable economic climate leads to one of the most controversial dilemmas of the contract law: whether the binding force of the contract is absolute or not. In other words, unstable economic circumstances impose the need to devote special attention to review and perhaps to narrow the binding nature of a contract. Principle of good faith and fair dealing motivate a variety of theoretical bases in order to overcome the legal consequences of financial crises. In this book, all these theoretical bases are analyzed with special focus on the available remedies, namely renegotiation, rescission or revision and the circumstances which enables the revocation of these remedies. The book collects the 19 national reports and the general report originally presented in the session regarding the Effects of Financial Crises on the Binding Force of Contracts: Renegotiation, Rescission or Revision during the XIXth congress of the International Academy of Comparative Law, held in Vienna, July 2014.