Criminal Liability Of Political Decision Makers

Author : Frank Zimmermann
Publisher : Springer
Page : 0 pages
File Size : 47,6 Mb
Release : 2018-08-03
Category : Law
ISBN : 3319848070

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Criminal Liability of Political Decision-Makers by Frank Zimmermann Pdf

This book is dedicated to a fundamental conflict in modern states: those persons holding public office are no more than ordinary citizens. Therefore, their activities must – as a matter of principle – be subject to full judicial control. But at the same time, democratically legitimated politicians need some discretion in their decision-making. Allegations of politicians committing criminal offences in office quickly attract a great deal of media attention. Even politicians themselves frequently use such allegations to discredit their political opponents. However, to date this topic has not been fully addressed on an academic level. This book is a first step in this direction. The individual contributions cover topics such as: “bad” political decisions that result in a waste of taxpayers’ money corruption and conflicts of interest in political decision-making immunities and procedural obstacles to the effective prosecution of politicians abuse of criminal law and criminal proceedings in the political arena criminal liability for decisions taken in situations of state emergency the role of criminal law in public opinion. Leading experts examine these and other issues from a comparative perspective.

Author : Frank Zimmermann
Publisher : Springer
Page : 408 pages
File Size : 40,6 Mb
Release : 2017-08-28
Category : Law
ISBN : 9783319520513

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Criminal Liability of Political Decision-Makers by Frank Zimmermann Pdf

This book is dedicated to a fundamental conflict in modern states: those persons holding public office are no more than ordinary citizens. Therefore, their activities must – as a matter of principle – be subject to full judicial control. But at the same time, democratically legitimated politicians need some discretion in their decision-making. Allegations of politicians committing criminal offences in office quickly attract a great deal of media attention. Even politicians themselves frequently use such allegations to discredit their political opponents. However, to date this topic has not been fully addressed on an academic level. This book is a first step in this direction. The individual contributions cover topics such as: “bad” political decisions that result in a waste of taxpayers’ money corruption and conflicts of interest in political decision-making immunities and procedural obstacles to the effective prosecution of politicians abuse of criminal law and criminal proceedings in the political arena criminal liability for decisions taken in situations of state emergency the role of criminal law in public opinion. Leading experts examine these and other issues from a comparative perspective.

Author : Frank Zimmermann
Publisher : T.M.C. Asser Press
Page : 0 pages
File Size : 52,6 Mb
Release : 2023-11-16
Category : Law
ISBN : 9462655987

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Criminal Law and the COVID-19 Crisis by Frank Zimmermann Pdf

​This book provides a comparative perspective on the impact of the COVID-19 pandemic on different criminal law systems. To this end, the book brings together country reports from Brazil, Argentina, Spain, Portugal, Italy, Austria, Sweden, the Netherlands, Germany, Poland, France and Belgium. All country reports address the same key issues in order to facilitate comparative conclusions. Those key issues re: criminal liability for spreading the coronavirus, criminal liability of medical staff in triage situations, criminal liability of political decision-makers, as well as further (country-specific) challenges in the context of the pandemic and criminal law. Furthermore, they explore domestic case-law and academic literature relevant in this context. This book will be useful for criminal law scholars and practitioners as well as policymakers around the world. The comparative approach of the book will provide them with a more informed and objective perception of their national systems and their respective approaches to COVID-19 and criminal law. Another key objective of this volume in the ICJ Series is to foster dialogue and an exchange of ideas between stakeholders of different nations and ultimately to enable cross-semination between different criminal law systems. Prof. Dr. Frank Zimmermann is Professor for Criminal Law and Criminal Procedure, European and International Criminal Law as well as Criminal Law and Digitalization at the Institute for Criminal Sciences, Dept. V, University of Münster in Münster, Germany.

Author : Héctor Olásolo
Publisher : Bloomsbury Publishing
Page : 400 pages
File Size : 43,7 Mb
Release : 2009-05-15
Category : Law
ISBN : 9781847315083

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The Criminal Responsibility of Senior Political and Military Leaders as Principals to International Crimes by Héctor Olásolo Pdf

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.

Author : Rachel Elise Barkow
Publisher : Harvard University Press
Page : 305 pages
File Size : 43,6 Mb
Release : 2019-03-04
Category : Law
ISBN : 9780674919235

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Prisoners of Politics by Rachel Elise Barkow Pdf

America’s criminal justice system reflects irrational fears stoked by politicians seeking to win election. Pointing to specific policies that are morally problematic and have failed to end the cycle of recidivism, Rachel Barkow argues that reform guided by evidence, not politics and emotions, will reduce crime and reverse mass incarceration.

Author : Julia Jansson
Publisher : Routledge
Page : 290 pages
File Size : 40,6 Mb
Release : 2021-03-31
Category : Electronic
ISBN : 0367726890

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Terrorism, Criminal Law and Politics by Julia Jansson Pdf

Recent atrocities have ensured that terrorism and how to deal with terrorists legally and politically has been the subject of much discussion and debate on the international stage. This book presents a study of changes in the legal treatment of those perpetrating crimes of a political character over several decades. It most centrally deals with the political offence exception and how it has changed. The book looks at this change from an international perspective with a particular focus on the United States. Interdisciplinary in approach, it examines the fields of terrorism and political crime from legal, political science and criminological perspectives. It will be of interest to a broad range of academics and researchers, as well as to policymakers involved in creating new anti-terrorist policies.

Author : José Becerra
Publisher : Springer Nature
Page : 233 pages
File Size : 52,8 Mb
Release : 2021-05-29
Category : Law
ISBN : 9783030713485

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Criminal Law-Making by José Becerra Pdf

This book intends to contribute to the consolidation of the new approach to lawmaking that has taken place in the last 20 years in legal philosophy and legal theory, spreading to other legal fields, especially criminal law. This new legislation science focusing on criminal problems has triggered a growing interest in the field, a dynamic which has led to a long-needed convergence of disciplines such as administrative law, criminal law, criminology, political science, sociology and, of course, legal philosophy to contribute to a more rational decision-making process for the construct of criminal laws. With the intention to continue on with the building of a solid “Criminal Legislation Science”, this work presents scholars, lawmakers and students various emblematic approaches to enrich the discussion about different and promising tools and theoretical frameworks.

Author : Alwin van Dijk,Hein Wolswijk
Publisher : Eleven International Publishing
Page : 241 pages
File Size : 40,5 Mb
Release : 2017-12-17
Category : Law
ISBN : 9789462364660

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Criminal Liability for Serious Traffic Offences by Alwin van Dijk,Hein Wolswijk Pdf

The criminal law on serious traffic offenses presents legislators with numerous controversial issues. One such issue is when severe consequences are matched with low moral culpability. How should the law deal with a driver who kills someone because she failed to see the person when looking? Another controversial issue concerns highly culpable behavior that remains without serious consequences. How should the law cope with a driver who nearly kills someone when overtaking recklessly? The traffic context generates many hard cases that call the outermost boundaries of general doctrinal concepts like intent, negligence, or causation into question. This book contains an international collection of essays on criminal liability for serious traffic offenses. With a focus on England/Wales, the Netherlands, France, Germany, and Spain, the book reveals that there are enormous differences in both drafting and interpretation of serious traffic offenses. Additionally, it elaborates on the role of culpability and harm in sentencing, traffic-psychological insights relevant to accident causation, and the concept of conditional intent in relation to extremely dangerous traffic behavior. (Series: Governance & Recht - Vol. 11) [Subject: Criminal Law, Traffic Law, Comparative Law]

Author : Paul H. Robinson
Publisher : Routledge
Page : 312 pages
File Size : 47,5 Mb
Release : 2019-03-13
Category : Law
ISBN : 9780429720680

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Justice, Liability, And Blame by Paul H. Robinson Pdf

This book examines shared intuitive notions of justice among laypersons and compares the discovered principles to those instantiated in American criminal codes. It reports eighteen original studies on a wide range of issues that are central to criminal law formulation.

Author : Michael Bohlander,Gerhard Kemp,Mark Webster
Publisher : Bloomsbury Publishing
Page : 369 pages
File Size : 40,9 Mb
Release : 2023-06-15
Category : Law
ISBN : 9781509946334

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Public Health Crisis Management and Criminal Liability of Governments by Michael Bohlander,Gerhard Kemp,Mark Webster Pdf

This book addresses potential avenues of criminal liability for public health crisis management in the context of the COVID-19 pandemic, under national and international criminal law, especially for causing death and bodily harm. The national case studies are geographically representative and follow a common research grid. Each national case study is prefaced by an overview of the detection and subsequent spread of the pandemic in the country concerned. The relevant legal and constitutional frameworks that governed the government and corporate conduct in the face of the pandemic are also discussed, followed by the consideration of forms of criminal liability. Government responses to the COVID-19 pandemic differed vastly in terms of both the choice of strategies adopted (herd immunity, test-and-trace, lockdown, etc) and the quality and speed of government implementation of those strategies and associated interventions. Both factors impacted the number of infections and casualties. It is therefore appropriate to consider forms of criminal liability for failure of individual members of government, including specific public authorities, to act to the best of their abilities, as timely as possible, and in accordance with expert advice.

Author : Ying Ji
Publisher : Routledge
Page : 129 pages
File Size : 51,9 Mb
Release : 2021-03-08
Category : Law
ISBN : 9781000351224

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The Making of Chinese Criminal Law by Ying Ji Pdf

By examining the reasons behind the preventive criminalization of Chinese criminal law, this book argues that the shift of criminal law generates popular expectations of legislative participation, and meets punitive demands of the public, but the expansion of criminal law lacks effective constraints, which will keep restricting people’s freedom in the future. The book is inspired by the eighth amendment of Chinese criminal law in 2011, which amended several penalties related to road, drug and environmental safety. It is on the eighth amendment that subsequent amendments have been based. The amendment stemmed from a series of nationally known incidents that triggered widespread public dissatisfaction with the Chinese criminal justice system. Based on John Kingdon’s theory of the multiple streams, the book explains the origins of the legislative process and its outcomes by examining the role of public opinion, policy experts and political actors in the making of Chinese criminal law. It argues that in authoritarian China, the prominence of risk control through criminal justice methods is a state response to uncertainties generated through reforms under the CCP’s leadership. The process of criminal lawmaking has become more responsive and inclusive than ever before, even though it remains a consultation with the elites within the framework set by the Chinese Communist Party (CCP), including representatives of the Lianghui, government ministries, academics and others. The process enhances the CCP’s legitimacy by not only generating popular expectations of legislative participation, but also by meeting the punitive demands of the public. The book will be of interest to academics and researchers in the areas of Chinese criminal law and comparative law.

Author : Richard L. Hasen
Publisher : Yale University Press
Page : 245 pages
File Size : 42,7 Mb
Release : 2018-03-20
Category : Biography & Autobiography
ISBN : 9780300228649

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The Justice of Contradictions by Richard L. Hasen Pdf

An eye-opening look at the influential Supreme Court justice who disrupted American jurisprudence in order to delegitimize opponents and establish a conservative legal order

Author : Farid Mohammed Rashid
Publisher : Contemporary Security Studies
Page : 0 pages
File Size : 45,9 Mb
Release : 2022
Category : Prosecution (International law)
ISBN : 0367776154

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Prosecutorial Discretion in the International Criminal Court by Farid Mohammed Rashid Pdf

Introduction -- The concept of discretion between law and politics -- Overview of the international criminal court -- The historical development of international criminal tribunals and the discretionary power of the prosecutor -- Gravity between prosecutorial and legal interpretive discretion -- In the interests of justice -- Conclusion.

Author : Ontario. Attorney General's Advisory Committee on Charge Screening, Disclosure, and Resolution Discussions,G. Arthur Martin
Publisher : The Committee
Page : 523 pages
File Size : 41,6 Mb
Release : 1993-01-01
Category : Evidence, Criminal
ISBN : 077781515X

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Report of the Attorney General's Advisory Committee on Charge Screening, Disclosure, and Resolution Discussions by Ontario. Attorney General's Advisory Committee on Charge Screening, Disclosure, and Resolution Discussions,G. Arthur Martin Pdf

Author : Merita Kettunen
Publisher : Springer Nature
Page : 278 pages
File Size : 54,5 Mb
Release : 2019-11-08
Category : Law
ISBN : 9783030161743

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Legitimizing European Criminal Law by Merita Kettunen Pdf

The book examines how and according to which principles the enactment of European criminal legislation is legitimate. The approach adopted here focuses on the constitutionalization of criminal law (i.e., the growing importance of constitutional elements of the EU legal order and the ECHR regime within criminal law). Further, it shows how and why criminal law has a unique nature, and why it should not be equated with other fields of EU law.The book explains the basic research questions and methodologies, before turning to the nature of criminal law at the level of national law, and addressing the different levels of justification for criminal law. Further, it examines the most prominent features of European criminal law and the difference between general EU law and EU criminal law, as well as the theoretical ideals for European constitutional structures and criminal law. Examples of how the law in practice might not always be in keeping with these normative ideals serve to round out the coverage.