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.

Download or read book Criminology and Post Mortem Studies written by Sara Palermo and published by BoD – Books on Demand. This book was released on 2021-10-20 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is not a handbook of criminology and forensic medicine but rather a tool that reviews socio-historical and scientific data and notes of methodology based on the different sciences aimed at the study of crime in all its many facets (sociology, jurisprudence, criminalistics, psychology, forensic neuroscience, and forensic medicine). The chapters deal with single aspects of the subject, such as juvenile delinquency, fraud, and the relationship between society, individual personality, and sexual criminal behavior. They then go into more detail, analyzing individual aspects of legal medicine in light of the evolution of the discipline between the 20th and 21st centuries, including infant and adult post-mortem examination and genetic DNA identification.

Download or read book The Emerging Practice of the International Criminal Court written by Carsten Stahn and published by BRILL. This book was released on 2009 with total page 793 pages. Available in PDF, EPUB and Kindle. Book excerpt: The International Criminal Court is at a crossroads. In 1998, the Court was still a fiction. A decade later, it has become operational and faces its first challenges as a judicial institution. This volume examines this transition. It analyses the first jurisprudence and policies of the Court. It provides a systematic survey of the emerging law and practice in four main areas: the relationship of the Court to domestic jurisdictions, prosecutorial policy and practice, the treatment of the Courta (TM)s applicable law and the shaping of its procedure. It revisits major themes, such as jurisdiction, complementarity, cooperation, prosecutorial discretion, modes of liability, pre-trial, trial and appeals procedure and the treatment of victims and witnesses, as well as their criticisms. It also explores some of challenges and potential avenues for future reform.

Download or read book Lecciones de derecho penal written by Jose Antonio Sainz Cantero and published by . This book was released on 1985 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Legal Practice in International Law And European Community Law written by Carlos Jiménez Piernas and published by Martinus Nijhoff Publishers. This book was released on 2007 with total page 706 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work offers a Spanish perspective on contemporary practice in international law and European Community law by genuine practitioners such as registrars, judges and magistrates serving on national and international courts, as well as advocates practicing in these courts, senior international officials, government advisers and academics. In five parts this book deals with the practice in international courts; practice in international organizations; the European Community practice and; Spanish practice in matters of public and private international law. The last part contains an article on evidence in international practice and a general overview for further research. The book offers a very useful insight in matters otherwise available in Spanish, such as the applications against Spain lodged with the European Court of Human Rights, a comparison between the Spanish Constitutional Court and the Court of Justice of the European Communities, public international law before Spanish domestic courts and the Spanish practice on investment treaties.

Download or read book Pinochet s Economic Accomplices written by Juan Pablo Bohoslavsky and published by Rowman & Littlefield. This book was released on 2021-01-12 with total page 461 pages. Available in PDF, EPUB and Kindle. Book excerpt: With a focus on Chile, Pinochet’s Economic Accomplices: An Unequal Country by Force uses theoretical arguments and empirical studies to argue that focusing on the behavior of economic actors of the dictatorship is crucial to achieve basic objectives in terms of justice, memory, reparation, and non-repetition measures. This book makes visible a number of cases of economic complicity with the Chilean dictatorship and explains their links with the radical inequalities the country has today while proposing a theoretical framework for their study. Scholars of Latin American studies, history, sociology, economics, business, and human rights will find this book particularly useful.

Download or read book The Criminal Responsibility of Senior Political and Military Leaders as Principals to International Crimes written by Héctor Olásolo and published by Bloomsbury Publishing. This book was released on 2009-05-15 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: As shown by the trials of Slobodan Milosevic, Charles Taylor and Saddam Hussein, the large-scale and systematic commission of international crimes is usually planned and set in motion by senior political and military leaders. Nevertheless, the application of traditional forms of criminal liability leads to the conclusion that they are mere accessories to such crimes. This does not reflect their central role and often results in a punishment which is inappropriately low in view of the impact of their actions and omissions. For these reasons, international criminal law has placed special emphasis on the development of concepts, such as control of the crime and joint criminal enterprise (also known as the common purpose doctrine), which aim at reflecting better the central role played by senior political and military leaders in campaigns of large scale and systematic commission of international crimes. The Rome Statute of the International Criminal Court and the case law of the ICTY and the ICTR have, in recent years, played a unique role in the achievement of this goal.

Download or read book Consent written by Alan Reed and published by Routledge. This book was released on 2016-10-14 with total page 574 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume presents a leading contribution to the substantive arena relating to consent in the criminal law. In broad terms, the ambit of legally valid consent in extant law is contestable and opaque, and reveals significant problems in adoption of consistent approaches to doctrinal and theoretical underpinnings of consent. This book seeks to provide a logical template to focus the debate. The overall concept addresses three specific elements within this arena, embracing an overarching synergy between them. This edifice engages in an examination of UK provisions, with specialist contributions on Irish and Scottish law, and in contrasting these provisions against alternative domestic jurisdictions as well as comparative contributions addressing a particularised research grid for consent. The comparative chapters provide a wider background of how other legal systems' treat a variety of specialised issues relating to consent in the context of the criminal law. The debate in relation to consent principles continues for academics, practitioners and within the criminal justice system. Having expert descriptions of the wider issues surrounding the particular discussion and of other legal systems' approaches serves to stimulate and inform that debate. This collection will be a major source of reference for future discussion.

Download or read book Towards a Rational Legislative Evaluation in Criminal Law written by Adán Nieto Martín and published by Springer. This book was released on 2016-08-27 with total page 386 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book launches a debate on the need to evaluate criminal policies and, what is more complex and ambitious, to develop an evaluation method. The contributions address topics such as the general methodology for evaluating public policy, preparing criminal statistics, and analyzing costs, cost-effectiveness and cost benefits. Additionally, the work explores the state of affairs in various countries including Spain, Sweden, USA, Germany and in the EU. It also examines issues such as the relationship between legislative evaluation and criminal principles and the constitutional courts’ control over criminal acts.

Download or read book Public Policy and Public Morality written by Grzegorz Blicharz and published by Wydawnictwo Instytutu Wymiaru Sprawiedliwości. This book was released on 2019 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book deals with two very important but imprecise terms in contemporary law, namely public policy and public morality. It is commendable that such a comprehensive work about general clauses has been prepared. They are the elements of the common good which refers directly to Article 1 of the Constitution of the Republic of Poland. The aim of these clauses is to protect the integrity of Polish legal order and the reason why they are applied boils down to the public interest. The clauses refer to the extralegal criteria of a moral, economic or political nature. That is why, for a legal practice, it appears vital that experts contribute to the clarification of their content and meaning as a legal categories. No less important is entrusting or leaving this task to the courts and other legal bodies. These efforts serve to ensure necessary flexibility in applying, in particular, the public policy clause – a safety valve of legal order. prof. Franciszek Longchamps de Bérier, Jagiellonian University in Kraków The theme of the volume and the studies included in it are very interesting and important from a cognitive and applied perspective. The authors of the book represent various academic circles and different legal disciplines, whereas their conclusiveness is an essential value of the presented analyses. Dr hab. Krzysztof Motyka, The John Paul II Catholic University of Lublin, Poland The idea of the authors of the book to discuss the issues of “public policy” and “public morality” as legal clauses in Polish law against the background of legal solutions of the European Union and international law deserves recognition. It efficiently combines the findings of the legal doctrine and the judicial decisions which allows to view these problems not only from the theoretical and legal perspective, but also from a practical angle. The presented definitions, theoretical and legal considerations, as well as the rulings regarding the clauses of “public policy” and “public morality” constitute a starting point for the authors to formulate their own arguments and conclusions de lege lata and de lege ferenda. The authors also skillfully describe the afore-mentioned clauses and demonstrate their close relationship with constitutional axiology, emphasizing their limitative nature and homeostatic role. Dr hab. Paweł Cichoń, Jagiellonian University in Kraków, Poland

Download or read book Unlawful Attacks in Combat Situations written by Héctor Olásolo and published by BRILL. This book was released on 2008 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: Death and destruction are unavoidable effects of war and combat situations. The fact that people have been killed or injured or property has been destroyed should not encourage anyone to rush to the conclusion that war crimes have been committed. On the contrary, before reaching such a conclusion, it is necessary to carefully analyze the conduct of the person causing death, injury or damage in order to ascertain whether such conduct is consistent with international humanitarian law. Technology, law and public opinion on what is acceptable has greatly evolved since World War II. The issue of civilian damage caused in combat operations has become an important topic in public opinion since Operation Desert Storm in 1991. Public pressure to limit incidental civilian damage has notably increased following the NATO aerial campaign in Kosovo in 1999 and the subsequent conflicts in Afghanistan in 2001, Iraq in 2003 and Lebanon 2006. "Unlawful Attacks in Combat Situations" focuses on the manner in which unlawful attacks launched during the conduct of hostilities have been dealt with in the Rome Statute of the International Criminal Court, the international treaty which, to date, deals most comprehensively with war crimes committed in international and non-international armed conflicts, and in the case law of the International Criminal Tribunal for the Former Yugoslavia, the first international judicial body that has investigated and prosecuted crimes committed during the conduct of hostilities since World War II.

Download or read book Lecciones de Derecho Penal Parte general written by Miguel Polaino Navarrete and published by Tecnos. This book was released on 2019-07-23 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: El presente volumen, tomo segundo de las Lecciones de Derecho Penal. Parte general, afronta la exposición completa y sistemática de la Teoría del delito. En esta obra se exponen materias tan relevantes para la Dogmática penal como el concepto jurídico de delito, los sujetos, la responsabilidad penal de las personas jurídicas, la problemática en torno al concepto de acción, las clases de omisión punible, las fuentes de la posición de garante, la causalidad, los principios de imputación objetiva, los títulos normativos de imputación (dolo e imprudencia), la tipicidad, las causas de ausencia de acción típica, la antijuricidad, las causas de justificación, la culpabilidad y la imputabilidad, las causas de exculpación, la punibilidad, el iter criminis, la intervención delictiva, las circunstancias modificativas de la responsabilidad criminal o los concursos. De una manera accesible y atractiva, compaginando formulaciones teóricas y múltiples ejemplos de la realidad, se ofrece al estudioso y al estudiante de la disciplina una original y profunda imagen de conjunto de la materia. Las presentes Lecciones se han actualizado teniendo en cuenta, de manera crítica, las últimas reformas penales. El Prof. Polaino Navarrete es Catedrático Emérito de la disciplina en la Universidad de Sevilla, profesor invitado en diversas Universidades y centros de estudio de Europa, América y Asia, Doctor honoris causa por numerosas Universidades extranjeras y Vocal Permanente de la Comisión General de Codificación de España (Sección de lo Penal).

Download or read book Treatise on International Criminal Law written by Kai Ambos and published by Oxford University Press. This book was released on 2021-07-15 with total page 640 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the adoption of the Rome Statute of the International Criminal Court in 1998, international criminal law has rapidly grown in importance. This second edition of the first volume of an acclaimed three-volume Treatise on International Criminal Law deals with the foundations and general part of international criminal law, and general principles of international criminal justice. Taking into account the scholarly literature, not only sources written in English but also in French, German, Italian, Portuguese, and Spanish, the book draws on the author's extensive academic work and practical experience in international criminal law. This second edition of the authoritative volume has been completely revised, updated, and rewritten in some parts. These comprehensive updates ensure that Kai Ambos' Treatise remains an indispensable reference work for academics and practitioners of international criminal law.

Download or read book Crime and Punishment around the World 4 volumes written by Graeme R. Newman and published by Bloomsbury Publishing USA. This book was released on 2010-10-19 with total page 1772 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive, detailed account explores crime and punishment throughout the world through the eyes of leading experts, local authors and scholars, and government officials. It is a subject as old as civil society, yet one that still fuels debate. Now the many and varied aspects of that subject are brought together in the four-volume Crime and Punishment around the World. This unprecedented work provides descriptions of crimes—and the justice systems that define and punish them—in more than 200 nations, principalities, and dependencies. Each chapter examines the historical, political, and cultural background, as well as the basic organization of the subject state's legal and criminal justice system. It also reports on the types and levels of crime, the processes leading to the finding of guilt, the rights of the accused, alternatives to going to trial, how suspects are prosecuted for their crimes, and the techniques and conditions of typical punishments employed. Comprising a study that is at once extraordinarily comprehensive and minutely detailed, the essays collected here showcase the variety and the universality of crime and punishment the world over.

Download or read book Lecciones de Derecho penal Parte general written by Miguel Polaino Navarrete and published by Tecnos. This book was released on 2019-05-28 with total page 191 pages. Available in PDF, EPUB and Kindle. Book excerpt: En la presente obra, primer volumen de las Lecciones de Derecho Penal. Parte general, se examinan de manera actual, con sentido crítico, claridad expositiva y rigor conceptual, los fundamentos dogmáticos del moderno Derecho penal. Desde una perspectiva atractiva, didáctica y original se aborda la explicación de intrincados problemas de la Dogmática española y comparada, y se analizan cuestiones tan fundamentales como la construcción científica del Derecho penal, las teorías de la pena y las medidas de seguridad, la legitimación del sistema punitivo, las funciones y caracteres del ordenamiento penal, los principios constitucionales del Derecho penal, la norma jurídico-penal, el principio de legalidad y la vigencia espacial, temporal y personal de la ley penal. El resultado es una exposición de gran utilidad para el estudiante y para el estudioso de la disciplina: una obra de recomendada lectura que ilustra sobre los problemas centrales del Derecho Penal en el Estado de Derecho. El Prof. Polaino Navarrete es Catedrático Emérito de la disciplina en la Universidad de Sevilla, profesor invitado en diversas Universidades y centros de estudio de Europa, América y Asia, Doctor honoris causa por quince Universidades extranjeras y Vocal Permanente de la Comisión General de Codificación de España (Sección de lo Penal).

Download or read book Crisis of the Criminal Law in the Democratic Constitutional State written by Eduardo Demetrio Crespo and published by Springer Nature. This book was released on 2023-03-13 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book shares the results of project research granted by the Castilla-La Mancha government, which has been composed by philosophers of law and criminal law researchers, whose main conclusions are represented by the manifestations and trends of the current crisis of the constitutional State. The works identify these trends and manifestations in order to develop alternatives and remedies to solve the current negation process that classical liberties are involved, from the point of view of philosophy, policy, and dogmatic.

Download or read book Patient Autonomy and Criminal Law written by Paweł Daniluk and published by Taylor & Francis. This book was released on 2022-10-21 with total page 403 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book shows how the legal systems of individual European countries protect patient autonomy. In particular, it explains the role of criminal law, that is, what criminal law protection of patient autonomy looks like on a European scale in both legal and social dimensions. Despite EU integration processes, the work illustrates that the legal orders of individual European countries are far from uniform in this area. The concept of patient autonomy here is generally in the context of the patient's freedom from unwanted medical activities: the so-called negative freedom. At the same time, in countries where there are no regulations clearly criminalising the performance of a therapeutic activity without the patient's consent, the so-called positive freedom is also discussed. The book will be a valuable reference work for academics, researchers and policy-makers working in Health Law, Medical Ethics, Applied Ethics and Criminal Law.