Principles Of German Criminal Law

Author : Michael Bohlander
Publisher : Bloomsbury Publishing
Page : 258 pages
File Size : 55,8 Mb
Release : 2008-12-18
Category : Law
ISBN : 9781847314796

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Principles of German Criminal Law by Michael Bohlander Pdf

German criminal law doctrine, as one of the more influential ones over time and on a global scale, takes rather different approaches to many of the problems of substantive law from those of the common law family of countries like the UK, the US, Canada, New Zealand, Australia etc. It also differs markedly from the system which is most often used in Anglophone writing as a civil law comparison, the French law. German criminal law is a code-based model and has been for centuries. The influence of academic writing on its development has been far greater than in the judge-oriented common law models. The book will serve as a useful aid to debates about codification efforts in countries that are mostly based on a case law system, but who wish to re-structure their law in one or several criminal codes. The comparison will show that similar problems occur in all legal systems regardless of their provenance, and the attempts of individual systems at solving them, their successes and their failures, can provide a rich experience on which other countries can draw and on which they can build. The book provides an outline of the principles of German criminal law, mainly the so-called 'General Part' (eg actus reus, mens rea, defences, participation) and the core offence categories (homicide, offences against property, sexual offences). It sets out the principles, their development under the influence of academic writing and judicial decisions. The book is not meant as a textbook of German criminal law, but is a selection of interrelated in-depth essays on the central problems. Wherever it is apposite and feasible, comparison is offered to the approaches of English criminal law and the legal systems of other common and civil law countries in order to allow common lawyers to draw the pertinent parallels to their own jurisdictions.

Author : Michael Bohlander
Publisher : Unknown
Page : 306 pages
File Size : 40,8 Mb
Release : 2012
Category : Criminal procedure
ISBN : 1472565835

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Principles of German Criminal Procedure by Michael Bohlander Pdf

The book aims to outlinie the fundamental aspects of the German approach to criminal procedure; it is meant as a companion volume to the author''s earlier publications, ''The German Criminal Code - A Modern English Translation'', and ''Principles of German Criminal Law'', also with Hart. In appropriate cases, comparisons to English and Welsh law have been drawn. The chapters cover a wide range of issues from setting out the basic procedural principles to presenting the main players in the criminal justice system, pre-trial investigations, the path from indictment to trial judgment, rules of ev.

Author : Anonim
Publisher : Bloomsbury Publishing
Page : 226 pages
File Size : 46,6 Mb
Release : 2008-07-03
Category : Law
ISBN : 9781847314383

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The German Criminal Code by Anonim Pdf

German substantive criminal law has been influential in many civil law countries, most notably in the Hispanic world. In the common law countries, not surprisingly because of the systemic differences in approach, its impact has been much less, if not negligible. This may be largely explained as a result of the language barrier. An up-to-date and reliable English translation of the German Criminal Code has been conspicuously missing for some time. This book presents a new English translation of the Strafgesetzbuch, (the Criminal Code), in its most recent amended form of August 2007. The Code is the centrepiece of German substantive criminal law and informs the interpretation and application of any other criminal provisions which can be found in specific legislation. The translation thus affords an opportunity to profit from a legal tradition that has had a major influence over history and has a rich experience of doctrinal analysis. The translation adheres as closely as possible to the textual structure of the original, but has been made palatable to an English ear. It is intended as a companion to the author's Principles of German Criminal Law which was published in December 2008. Please click on the link below for further details. www.hartpub.co.uk/books/details.asp?isbn=9781841136301.

Author : Thomas Vormbaum
Publisher : Springer Science & Business Media
Page : 304 pages
File Size : 49,6 Mb
Release : 2013-10-01
Category : Law
ISBN : 9783642372735

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A Modern History of German Criminal Law by Thomas Vormbaum Pdf

Increasingly, international governmental networks and organisations make it necessary to master the legal principles of other jurisdictions. Since the advent of international criminal tribunals this need has fully reached criminal law. A large part of their work is based on comparative research. The legal systems which contribute most to this systemic discussion are common law and civil law, sometimes called continental law. So far this dialogue appears to have been dominated by the former. While there are many reasons for this, one stands out very clearly: Language. English has become the lingua franca of international legal research. The present book addresses this issue. Thomas Vormbaum is one of the foremost German legal historians and the book's original has become a cornerstone of research into the history of German criminal law beyond doctrinal expositions; it allows a look at the system’s genesis, its ideological, political and cultural roots. In the field of comparative research, it is of the utmost importance to have an understanding of the law’s provenance, in other words its historical DNA.

Author : Volker Krey
Publisher : W. Kohlhammer Verlag
Page : 156 pages
File Size : 52,9 Mb
Release : 2009
Category : Law
ISBN : 3170184091

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German Criminal Procedure Law by Volker Krey Pdf

English summary: This textbook is a thorough and detailed presentation of German Criminal Procedure Law. It follows a systematic structure, but to a great extent it is based on cases or illustrated by examples. German description: This textbook is a thorough and detailed presentation of German Criminal Procedure Law. It has a truly systematic structure, but to a great extent it is based on cases or illustrated by examples. Das Lehrbuch ist eine grundliche und detaillierte Darstellung des deutschen Strafverfahrensrechts, die streng systematisch aufgebaut ist, aber weitgehend anhand von Fallen und Beispielen erfolgt.

Author : Markus Dubber,Tatjana Hörnle
Publisher : Oxford University Press
Page : 710 pages
File Size : 41,8 Mb
Release : 2014-03
Category : Law
ISBN : 9780199589609

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Criminal Law by Markus Dubber,Tatjana Hörnle Pdf

"A systematic and comprehensive comparative analysis, of criminal law, focused on two major jurisdictions: the United States and Germany."--Jacket.

Author : Matthew Dyson,Benjamin Vogel
Publisher : Unknown
Page : 597 pages
File Size : 44,6 Mb
Release : 2018
Category : Comparative law
ISBN : 1780687893

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The Limits of Criminal Law by Matthew Dyson,Benjamin Vogel Pdf

From a framework of core principles, 'The Limits of Criminal Law' explores the normative and performative limits of criminal law at the borders of crime with tort, non-criminal enforcement, medical law, business regulation, administrative sanctions, terrorism and intelligence law. It carefully juxtaposes and compares English and German law on each of these borders, drawing out underlying concepts and building a detailed picture of what shapes criminal law, where its limits come from, and what might motivate legal systems to strain, ignore or strengthen those limits.

Author : Peter-Alexis Albrecht
Publisher : BWV Verlag
Page : 189 pages
File Size : 46,5 Mb
Release : 2003-01-01
Category : Electronic
ISBN : 9783830526902

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The Forgotten Freedom by Peter-Alexis Albrecht Pdf

Author : Geoffrey Drage
Publisher : The Lawbook Exchange, Ltd.
Page : 380 pages
File Size : 44,7 Mb
Release : 2005
Category : Criminal law
ISBN : 9781584775935

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The Criminal Code of the German Empire by Geoffrey Drage Pdf

The German Criminal Code (Reichsstrafgesetzbuch) was ratified by the newly-formed German Empire on 16 April 1871. It is a remarkable work of synthesis drawn mostly from the Constitutio Criminalis Carolina (1532), the Code Napoleon (1804), Feuerbach's Bavarian Criminal Code (1813) and the Prussian Penal Code (1851), which was influenced by the Code Napoleon. Its value lay not just in its establishment of uniform federal law but, as Drage notes in his excellent commentary, in its catholicity of historical and contemporary sources. Drawing on the idea of German unity, underscored in this case by the consensus-forming might of Prussian arms, the criminal code remained in force, despite various efforts at reform, until the triumph of National Socialism.

Author : Kai Ambos,Antony Duff,Julian Roberts,Thomas Weigend,Alexander Heinze
Publisher : Cambridge University Press
Page : 507 pages
File Size : 41,9 Mb
Release : 2020-01-16
Category : Law
ISBN : 9781108483391

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Core Concepts in Criminal Law and Criminal Justice by Kai Ambos,Antony Duff,Julian Roberts,Thomas Weigend,Alexander Heinze Pdf

A comparative and collaborative study of the foundational principles and concepts that underpin different domestic systems of criminal law.

Author : Christian Bumke,Andreas Voßkuhle
Publisher : Oxford University Press
Page : 624 pages
File Size : 46,9 Mb
Release : 2019-02-06
Category : Law
ISBN : 9780192535610

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German Constitutional Law by Christian Bumke,Andreas Voßkuhle Pdf

This revised and fully up-to-date English translation of the 7th edition of the Casebook Verfassungsrecht includes a new outline of the German constitution, the BVerfG Court, and its jurisprudence. It condenses more than six decades of constitutional jurisprudence in order to familiarize readers with the style, technique, and language of the Court. As well as an analysis of the general principles of German constitutional law, the book covers the salient articles of the German Constitution and offers relevant extracts of the Court's most important decisions on the provisions of the Basic Law. It provides notes and discussions of landmark cases to illustrate their legal and historical context and give the reader a clear understanding of the principles governing German constitutional law. The book covers the fundamental rights catalogue of the Basic Law and offers a comprehensive account of its intellectual moorings. It includes landmark jurisprudence on the equal treatment of same-sex couples, life imprisonment, the legal structure of property, the right to assembly, and the right to informational self-presentation. The book also covers the provisions and respective case law governing the state structure of Germany, for instance the recent decisions on the prohibition of the far-right German nationalist party, and the Court's jurisprudence on European integration, including the most recent decisions on the OMT-program of the European Central Bank.

Author : O. Lee,T.A. Robertson
Publisher : Springer Science & Business Media
Page : 283 pages
File Size : 44,9 Mb
Release : 2012-12-06
Category : Law
ISBN : 9789401024389

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“Moral Order” and The Criminal Law by O. Lee,T.A. Robertson Pdf

XIV Seen as a whole, however, I regard the work before us to be especially noteworthy precisely because of its illumination of both the social contexts surrounding the law and the ideas which underlie the efforts towards criminal law reform. An analysis of this kind has not appeared until now, to my knowledge, even in the German literature on the subject, so that this book is of great value to ·the German reader as well as the American. B. Particulars In Chapter IV: A the authors give a general introduction into the development of the German criminal law reform. In that connection they recognize the special role of the Christian Democratic (CDU), Socialist (SPD) coalition in the political situation [leading to passage of the reform law]. The authors emphasize the importance of the introduction of a uniform prison sentence [that is to say ·the termination of the distinction between kinds of prison sentences] and the elimination of short term prison sentences, as the main points of the reform in the "general part" of the code. They remark (pages 170; 192) that a uniform concept of the goal of punishment is still lacking, although, when all is said, there is a general agreement on the principle of resocialization.

Author : Matthew Dyson
Publisher : Cambridge University Press
Page : 557 pages
File Size : 46,9 Mb
Release : 2015-07-02
Category : Law
ISBN : 9781107080485

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Comparing Tort and Crime by Matthew Dyson Pdf

First English-language comparative volume to study where, how and why tort and crime interact. Covers common and civil law countries.

Author : Gerhard Werle,Florian Jeßberger
Publisher : Oxford University Press
Page : 750 pages
File Size : 51,9 Mb
Release : 2020-10-09
Category : Law
ISBN : 9780192561572

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Principles of International Criminal Law by Gerhard Werle,Florian Jeßberger Pdf

Principles of International Criminal Law is one of the most influential textbooks in the field of international criminal justice. This fourth 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. It provides a detailed understanding of the sources and evolution of international criminal law, demonstrating how it has developed, and how its application has changed. The book assesses in detail the four key international crimes as defined by the statute of the International Criminal Court: genocide, crimes against humanity, war crimes, and the crime of aggression. The new edition revises and updates the work with developments in international criminal justice since 2014. It includes substantial new material on critical perspectives on international criminal justice, the fragmentation of international criminal law, new war crimes of prohibited means of warfare, and the prosecution of crimes committed in Syria and Northern Iraq.The book retains its highly-acclaimed systematic approach and consistent methodology, making it essential reading for both students and scholars of international criminal law, as well as practitioners and judges working in the field.

Author : Gerhard Werle,Florian Jessberger
Publisher : Oxford University Press
Page : 711 pages
File Size : 41,7 Mb
Release : 2014
Category : Law
ISBN : 9780198703594

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Principles of International Criminal Law by Gerhard Werle,Florian Jessberger Pdf

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.