Comparative Criminal Law
In: Markus Dubber & Tatjana Hörnle, Oxford Handbook of Criminal Law, 2014, Forthcoming
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In: Markus Dubber & Tatjana Hörnle, Oxford Handbook of Criminal Law, 2014, Forthcoming
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In: The international & comparative law quarterly: ICLQ, Band 23, Heft 4, S. 881-882
ISSN: 1471-6895
In: THE HANDBOOK OF COMPARATIVE CRIMINAL LAW, Kevin Heller & Markus Dubber, eds., Stanford University Press, 2010
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In: The international & comparative law quarterly: ICLQ, Band 20, Heft 4, S. 764-765
ISSN: 1471-6895
'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
In: Facta Universitatis / University of Niš: the scientific journal. Series law and politics, S. 025
ISSN: 2406-1786
The criminal liability of legal entities has been in the focus of the criminal law reforms over the last century, especially in the modern globalization era. The theoretical debate and the creative judicial practice in cases of serious illegal behavior of corporations have provided the necessary vehicle for change from the traditional conception that legal persons cannot be liable under criminal law ('societas delinquere non potest') to the newly embraced doctrine of 'respondeat superior' (with some modification). The article presents an overview of the major concepts and theories of the criminal liability of legal entities. After providing a comprative overview of relevant legislation in the prominent criminal law systems of the United States of America, Germany and the European Union, the author provides a general overview of the Serbian legislation on this matter.
In: The international & comparative law quarterly: ICLQ, Band 19, Heft 1, S. 156-158
ISSN: 1471-6895
In: Handbook of Comparative Law (Reimann/Zimmermann 2d ed. OUP 2018)
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In: HANDBOOK OF COMPARATIVE CRIMINAL LAW, Stanford University Press, 2011
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Working paper
In: Encyclopedia of Crime and Justice, Vol. I, Joshua Dressler, ed. 2001
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In: Herlin Karnell , S E M 2019 , ' The Power of Comparative Constitutional Law Reasoning in European Criminal Law Procedure ' , Vienna Journal of International Constitutional Law , vol. 13 , no. 1 , pp. 1-27 . https://doi.org/10.1515/icl-2018-0047
This paper explores the constitutional dimension of comparative criminal law procedure in a European context. It does so by focusing on the European civil law traditions and by explaining how the impact of constitutional law reasoning has changed the criminal law landscape. The paper argues that the influence of European Union law and the European Convention on Human Rights regime together with other comparative law effects have led to an adapted version of the comparative law project, where the orthodox distinction between civil law and common law is largely erased. Specifically, the paper focuses on the question of fairness and justification in the criminal law process, the principle of proportionality and the notion of dignity in a comparative perspective. The paper draws on both doctrinal and theoretical examples.
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In: Vienna online journal on international constitutional law: ICL-Journal, Band 13, Heft 1, S. 1-27
ISSN: 1995-5855, 2306-3734
Abstract
This paper explores the constitutional dimension of comparative criminal law procedure in a European context. It does so by focusing on the European civil law traditions and by explaining how the impact of constitutional law reasoning has changed the criminal law landscape. The paper argues that the influence of European Union law and the European Convention on Human Rights regime together with other comparative law effects have led to an adapted version of the comparative law project, where the orthodox distinction between civil law and common law is largely erased. Specifically, the paper focuses on the question of fairness and justification in the criminal law process, the principle of proportionality and the notion of dignity in a comparative perspective. The paper draws on both doctrinal and theoretical examples.