General Principles of Criminal Law
General Principles of Criminal Law

Author: Jerome Hall

Publisher: The Lawbook Exchange, Ltd.

Published: 2010

Total Pages: 656

ISBN-13: 1584774983

DOWNLOAD EBOOK

"The Most Important Treatise on Criminal Law Produced by American Legal Scholarship" First published to great acclaim in 1947, Hall's General Principles of Criminal Law is one of the undisputed classics in its field. It provides more than a broad overview. Drawing on his expertise in jurisprudence and the work of the legal realists, it analyzes the principles that comprise criminal activity with an emphasis on its creation and definition by officials. This process is explored in the chapters on criminology, criminal theory and penal theory and, in more specific terms, the chapters on legality, mens rea, harm, causation, punishment, strict liability, ignorance and mistake, necessity and coercion, mental disease, intoxication and criminal attempt. "For many years, our standard work on criminal law has been Bishop's. First published in 1856, Bishop's is the only American book in the field that has conspicuously influenced our criminal law. (...) When Jerome Hall's, General Principles of Criminal Law (1947) appeared, it represented the first significant effort to articulate the principles of criminal law since Bishop's era. Hall's work may, in fact, represent the most important treatise on criminal law produced by American legal scholarship." --Fred Cohen, Journal of Legal Education 16 (1963-64) 260.

Principles of International Criminal Law
Principles of International Criminal Law

Author: Gerhard Werle

Publisher: Oxford University Press

Published: 2014

Total Pages: 711

ISBN-13: 0198703597

DOWNLOAD EBOOK

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.

General Principles of Law in the Decisions of International Criminal Courts and Tribunals
General Principles of Law in the Decisions of International Criminal Courts and Tribunals

Author: Fabián Raimondo

Publisher: BRILL

Published: 2008-11-30

Total Pages: 236

ISBN-13: 9047431677

DOWNLOAD EBOOK

International lawyers usually disregard the vital functions that general principles of law may play in the decisions of international courts and tribunals. As far as international criminal law is concerned, general principles of law may be crucial to the outcome of an international trial, inter alia because the conviction of an accused in respect of a particular charge may depend on the existence of a given defence under this source. This volume examines the role that general principles of law have played in the decisions of international criminal courts and tribunals. In particular, it analyses their alleged ‘subsidiary’ nature, their process of determination, and their transposition from national legal systems into international law. It concludes that general principles of law have played a significant role in the decisions of international criminal courts and tribunals, not only by filling legal gaps, but also by being a fundamental means for the interpretation of legal rules and the enhancement of legal reasoning.

Principles of Criminal Law
Principles of Criminal Law

Author: Simon Bronitt

Publisher: Lawbook Company

Published: 2001

Total Pages: 900

ISBN-13: 9780455217406

DOWNLOAD EBOOK

Opens with a consideration of the social, economic and historical context of criminal law before examining the principles that form the basis of criminal law in Australia. Case studies of important decisions influencing the development of the law are included and interesting issues are highlighted.

Criminal Law Principles and the Enforcement of EU and National Competition Law
Criminal Law Principles and the Enforcement of EU and National Competition Law

Author: Marc Veenbrink

Publisher: Kluwer Law International B.V.

Published: 2019-11-20

Total Pages: 535

ISBN-13: 9403514418

DOWNLOAD EBOOK

Although Article 23(5) of EU Regulation 1/2003 provides that competition law fines ‘shall not be of a criminal law nature’, this has not prevented certain criminal law principles from finding their way into European Union (EU) competition law procedures. Even more significantly, the deterrent effect of competition law fines has led courts in the Netherlands and the United Kingdom (UK), as well as the European Court of Human Rights, to conclude that competition law proceedings can lead to a criminal charge. This book offers the first book-length study of whether courts do indeed apply criminal law principles in competition law proceedings and, if so, how these principles are adapted to the needs and characteristics of competition law. Focusing on competition law developments (both legislative and judicial) over a period of twenty years in three jurisdictions – the Netherlands, the UK and the EU – the author compares how each of the following (criminal law) principles has emerged and been interpreted in each jurisdiction’s proceedings: freedom from self-incrimination; non bis in idem; burden and standard of proof; legality and legal certainty; and proportionality of sanctions. The author offers proposals involving both legislative and judicial actions, with examples of judges invoking criminal law principles to develop an appropriate level of safeguards in competition law proceedings. The book shows that criminal law can provide a rich source of inspiration for the judiciary on the appropriate level of legal safeguards in competition law proceedings. As such, it provides an important source of information and guidance for lawyers and judges dealing with competition law matters. "The work is well argued and well researched. Indeed, it is almost encyclopaedic in its use and citation of case law and secondary material....This book provides a valuable resource for anyone (whether as advocate, investigator, adjudicator or academic researcher) who wishes to understand how these criminal law principles are used in, and to protect those subject to, administrative law-based competition investigations.” Bruce Wardhaugh (Lecturer at the University of Manchester) Common Market Law Review, 2021, vol 58, issue 1, page 236

The Concept of Mens Rea in International Criminal Law
The Concept of Mens Rea in International Criminal Law

Author: Mohamed Elewa Badar

Publisher: Bloomsbury Publishing

Published: 2013-01-30

Total Pages: 413

ISBN-13: 1782250662

DOWNLOAD EBOOK

The purpose of this book is to find a unified approach to the doctrine of mens rea in the sphere of international criminal law, based on an in-depth comparative analysis of different legal systems and the jurisprudence of international criminal tribunals since Nuremberg. Part I examines the concept of mens rea in common and continental legal systems, as well as its counterpart in Islamic Shari'a law. Part II looks at the jurisprudence of the post-Second World War trials, the work of the International Law Commission and the concept of genocidal intent in light of the travaux préparatoires of the 1948 Genocide Convention. Further chapters are devoted to a discussion of the boundaries of mens rea in the jurisprudence of the International Criminal Tribunals for the former Yugoslavia and Rwanda. The final chapter examines the definition of the mental element as provided for in Article 30 of the Statute of the International Criminal Court in light of the recent decisions delivered by the International Criminal Court. The study also examines the general principles that underlie the various approaches to the mental elements of crimes as well as the subjective element required in perpetration and participation in crimes and the interrelation between mistake of law and mistake of fact with the subjective element. With a Foreword by Professor William Schabas and an Epilogue by Professor Roger Clark From the Foreword by William Schabas Mohamed Elewa Badar has taken this complex landscape of mens rea at the international level and prepared a thorough, well-structured monograph. This book is destined to become an indispensable tool for lawyers and judges at the international tribunals. From the Epilogue by Professor Roger Clark This is the most comprehensive effort I have encountered pulling together across legal systems the 'general part' themes, especially about the 'mental element', found in confusing array in the common law, the civil law and Islamic law. In this endeavour, Dr Badar's researches have much to offer us.

Criminal Law in Poland
Criminal Law in Poland

Author: Wojciech Jasiński

Publisher: Kluwer Law International B.V.

Published: 2019-07-10

Total Pages: 380

ISBN-13: 9403513608

DOWNLOAD EBOOK

Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides a practical analysis of criminal law in Poland. An introduction presents the necessary background information about the framework and sources of the criminal justice system, and then proceeds to a detailed examination of the grounds for criminal liability, the justification of criminal offences, the defences that diminish or excuse criminal liability, the classification of criminal offences, and the sanctions system. Coverage of criminal procedure focuses on the organization of investigations, pre-trial proceedings, trial stage, and legal remedies. A final part describes the execution of sentences and orders, the prison system, and the extinction of custodial sanctions or sentences. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for criminal lawyers, prosecutors, law enforcement officers, and criminal court judges handling cases connected with Poland. Academics and researchers, as well as the various international organizations in the field, will welcome this very useful guide, and will appreciate its value in the study of comparative criminal law.

General Principles of Thai Criminal Law
General Principles of Thai Criminal Law

Author: Alessandro Stasi

Publisher: Springer

Published: 2021-01-06

Total Pages: 156

ISBN-13: 9789811587078

DOWNLOAD EBOOK

This book is centered around the major issues relating to criminal law in Thailand and aims to offer a detailed and systematic overview of the Thai criminal justice system. It is designed as a traditional textbook of criminal law which provides a succinct focused coverage of all the relevant aspects of laws, judgments, and legal reforms in a concise and readable form. Although all topics have been previously treated in the Thai language, this is the first and most comprehensive work in the English language about Thai criminal law. The book covers not only the legal system, starting from the Penal Code of 1908 and emphasizing the substantial changes that have been introduced in the past decades, but also the deep influence of doctrine and case law. It is built up in several layers, starting from the general rule, to gradually examine the more specific ones. The book begins with the elementary legal concepts to be learned by the reader, by defining the fundamental principles underlying the Thai criminal system and outlining its objectives. It then extensively describes the main offences under the Thai Penal Code and classifies those breaches of law which are crimes from those which are merely illegal without being criminal.

Intersections of Law and Culture at the International Criminal Court
Intersections of Law and Culture at the International Criminal Court

Author: Julie Fraser

Publisher: Edward Elgar Publishing

Published: 2020-10-15

Total Pages: 456

ISBN-13: 9781839107290

DOWNLOAD EBOOK

This pioneering book explores the intersections of law and culture at the International Criminal Court (ICC), offering insights into how notions of culture affect the Court's legal foundations, functioning and legitimacy, both in theory and in practice. Leading scholars and legal practitioners take a multidisciplinary approach to challenge the view that international law is not limited or bound by a particular culture, arguing instead that law and culture are intertwined. Analysing how culture influences views of the law, the facts to which it applies, and the fairness of the outcome, the contributors consider the implications of culture and law for the ICC and its international reach. Chapters discuss important intersections of law and culture, from religion and politics to the definition of international crimes and their interpretation by judges. Highlighting the inherent but often overlooked role of 'culture' at the ICC, the book puts forward recommendations to aid the Court's future considerations. This book is a valuable resource for academics and students in a variety of fields including law, criminology, anthropology, international relations and political science. Its practical focus is also beneficial for legal practitioners and civil society organisations working in international criminal justice.