Mens Rea And Defences In European Criminal Law
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Mens Rea And Defences In European Criminal Law
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Author : Jeroen Blomsma
language : en
Publisher:
Release Date : 2012
Mens Rea And Defences In European Criminal Law written by Jeroen Blomsma and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Criminal intent categories.
Based on the author's thesis (Ph.D)--Maastricht University.
Mens Rea In Eu Antitrust Law
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Author : Jan Blockx
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2020-07-09
Mens Rea In Eu Antitrust Law written by Jan Blockx and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-07-09 with Law categories.
Under the purely economics-based approach to competition law, the central consideration is whether the conduct of undertakings has the effect of restricting competition or not. Such an ‘objective’ approach to antitrust enforcement leaves little room for subjective elements like intentions. But what happens when economic analysis reaches its limits? In this signal contribution, the author invokes the criminal law concept of mens rea, the idea of the ‘guilty mind’, thoroughly evaluating the normative cogency of mens rea evidence in the determination of antitrust infringements. Delving deep into the case law, the author views the subject from the standpoint of a confluence of various areas of law, including: the role of mens rea in the criminal law in France, Germany, and England and Wales; the different types of mens rea (e.g., intent, recklessness, negligence); mens rea in a corporate context; mens rea evidence in United States antitrust law; the notion of the ‘meeting of minds’ in Article 101 TFEU; relevance of intentions in the determination of the object of an agreement or concerted practice; relevance of intentions in the determination of abuse of a dominant position; and the role of mens rea in the determination of fines for antitrust breaches. The author also examines arguments both for and against the use of mens rea evidence in determining whether an antitrust infringement took place and how it should be punished. This is the first full-length assessment of what role mens rea evidence actually plays and should play in competition law even as the tools for antitrust analysis are meant to become increasingly objective. As a thoroughly researched and systematically presented commentary and analysis of the current status of the use of mens rea in antitrust enforcement and how the practice could develop, it is sure to be welcomed by practitioners as well as by policymakers and academics.
Defenses In Contemporary International Criminal Law
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Author : Geert-Jan G. J. Knoops
language : en
Publisher: BRILL
Release Date : 2008
Defenses In Contemporary International Criminal Law written by Geert-Jan G. J. Knoops and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Law categories.
The Second Edition of "Defenses in Contemporary International Criminal Law" ventures farther into this uneasy territory than any previous work, offering a meticulous analysis of the case law in the post World War II Military Tribunals and the ad hoc tribunals for Rwanda and the Former Yugoslavia, with particular attention to the defenses developed, their rationales, and their origins in various municipal systems. It analyzes the defense provisions in the charters and statutes underlying these tribunals and the new International Criminal Court, while examining the first judgment in this field rendered by the Special Court for Sierra Leone, on June 20, 2007. The conceptual reach of this work includes not only the defenses recognized in the field's jurisprudence and scholarship (superior orders, duress, self-defense, insanity, necessity, mistake of law and fact, immunity of States), but also presents a strong case for the incorporation of genetic and neurobiological data into the functioning of certain defenses. Procedural mechanisms to invoke these defenses are also addressed.
General Defences In Criminal Law
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Author : Alan Reed
language : en
Publisher: Routledge
Release Date : 2016-04-15
General Defences In Criminal Law written by Alan Reed and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-04-15 with Law categories.
The law relating to general defences is one of the most important areas in the criminal law, yet the current state of the law in the United Kingdom reveals significant problems in the adoption of a consistent approach to their doctrinal and theoretical underpinnings, as exemplified by a number of recent developments in legislation and case law. A coherent and joined-up approach is still missing. This volume provides an analysis of the main contentious areas in British law, and proposes ways forward for reform. The collection includes contributions from leading experts across various jurisdictions. Part I examines the law in the United Kingdom, with specialist contributions on Irish and Scottish law. Part II consists of contributions by authors from a number of foreign jurisdictions, all written to a common research grid for maximum comparability, which provide a wider background of how other legal systems treat problems relating to general defences in the context of the criminal law, and which may serve as points of reference for domestic law reform.
Substantive Criminal Law Of The European Union
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Author : André Klip
language : en
Publisher: Maklu
Release Date : 2011
Substantive Criminal Law Of The European Union written by André Klip and has been published by Maklu this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with Law categories.
The book is the result of the conference "Substantive Criminal Law of the European Union" organised by the Criminal Law Department of Maastricht University on 20 and 21 January 2011, with the generous support of the Faculty of Law of Maastricht University, the Koninklijke Nederlandse Academie van Wetenschappen, the Department of Criminal Law and Criminology of Maastricht University and the Hague Institute for the Internationalisation of Law (HIIL). --
Mens Rea At The International Criminal Court
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Author : Geert-Jan Alexander Knoops
language : en
Publisher: BRILL
Release Date : 2016-12-01
Mens Rea At The International Criminal Court written by Geert-Jan Alexander Knoops and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-12-01 with Law categories.
This volume offers an overview of all aspects of mens rea before the International Criminal Court, while taking into account mens rea standards that have already been established in customary international law or before the ad hoc tribunals.
Criminal And Quasi Criminal Enforcement Mechanisms In Europe
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Author : Vanessa Franssen
language : en
Publisher: Bloomsbury Publishing
Release Date : 2022-02-24
Criminal And Quasi Criminal Enforcement Mechanisms In Europe written by Vanessa Franssen and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-02-24 with Law categories.
This book looks at the interplay between criminal and other branches of public law pursuing similar objectives (referred to as 'quasi-criminal law'). The need for clarifying the concepts and the interlink between criminal and quasi-criminal enforcement is a topic attracting a lot of discussion and debate both in academia and practice across Europe (and beyond). This volume adds to this debate by bringing to light the substantive and procedural problems stemming from the current parallel or dual use of the different enforcement systems. The collection draws on expertise from academia, practice and policy; its high-quality analysis will appeal to scholars, practitioners and policymakers alike.
Comparative Concepts Of Criminal Law
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Author : Johannes Keiler
language : en
Publisher:
Release Date : 2019
Comparative Concepts Of Criminal Law written by Johannes Keiler and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with Criminal law categories.
"This handbook ... fills a legal educational gap by exploring basic concepts of substantive criminal law in three major European legal systems: the common law system of England and Wales and the civil law systems of Germany and the Netherlands. Each chapter focuses on a specific concept or doctrine that is necessary to determine criminal liability (e.g. actus reus, mens rea, defences, inchoate offences). Throughout the book the authors also highlight and discuss some recent legislative and judicial developments that broaden the scope of criminal liability in our modern culture of control"--Back cover.
International Criminal Law
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Author : Ilias Bantekas
language : en
Publisher: Routledge
Release Date : 2009-06-02
International Criminal Law written by Ilias Bantekas and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-06-02 with Law categories.
Providing an introduction to, and detailed examination of substantive, enforcement and procedural aspects of international criminal law, this book’s examination of international and transnational crimes under treaty and customary law has been fully updated and revised. Exploring the enforcement of international criminal law through an investigation of the practice of the Security Council-based tribunals for Yugoslavia and Rwanda, the International Criminal Court and other hybrid tribunals, such as those for Cambodia, Sierra Leone, Lockerbie and truth commissions, the authors look at terrorism, offences against the person, piracy and jurisdiction, and immunities amongst a variety of other topics. New to this edition are four additional chapters on: various forms of liability and participation in international crime war crimes crimes against humanity genocide and illegal rendition. This is an ideal text for undergraduate and postgraduate students of law or international relations, practitioners and those interested in gaining an insight into international criminal law
Effective Protection Of The Rights Of The Accused In The Eu Directives
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Author : Giuseppe Contissa
language : en
Publisher: BRILL
Release Date : 2022-04-04
Effective Protection Of The Rights Of The Accused In The Eu Directives written by Giuseppe Contissa and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-04-04 with Law categories.
The volume proposes a breakthrough analysis of defence rights in criminal proceedings, through the lens of a computable approach to the law. It presents a multi-level research, tackling EU law, national legislation, and case-law across the European Union.
