Introduction to French Law

Introduction to French Law
Author: George A. Bermann
Publisher: Kluwer Law International B.V.
Total Pages: 528
Release: 2008-01-01
Genre: Law
ISBN: 9041124667

French law displays many characteristics that set it apart in a world class of its own. It can be said to proceed from a number of independent streams that coexist despite apparent contradiction. More than half of the 2283 articles of the famous Code Civile of 1804 remain unaltered; yet French administrative judges jealously guard their prerogative to create their own public law. And yet again, since the 1974 law empowering the legislature to convene the Constitutional Council that judges the constitutionality of laws under the 1958 Constitution, the courts' distinction between 'rules' and 'fu.

The Handbook of Comparative Criminal Law

The Handbook of Comparative Criminal Law
Author: Kevin Jon Heller
Publisher: Stanford University Press
Total Pages: 669
Release: 2010-12-01
Genre: Law
ISBN: 0804777292

This handbook explores criminal law systems from around the world, with the express aim of stimulating comparison and discussion. General principles of criminal liability receive prominent coverage in each essay—including discussions of rationales for punishment, the role and design of criminal codes, the general structure of criminal liability, accounts of mens rea, and the rights that criminal law is designed to protect—before the authors turn to more specific offenses like homicide, theft, sexual offenses, victimless crimes, and terrorism. This key reference covers all of the world's major legal systems—common, civil, Asian, and Islamic law traditions—with essays on sixteen countries on six different continents. The introduction places each country within traditional distinctions among legal systems and explores noteworthy similarities and differences among the countries covered, providing an ideal entry into the fascinating range of criminal law systems in use the world over.

Reform of the Federal Criminal Laws

Reform of the Federal Criminal Laws
Author: United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Criminal Laws and Procedures
Publisher:
Total Pages: 2014
Release: 1971
Genre: Criminal law
ISBN:

Author:
Publisher: Odile Jacob
Total Pages: 320
Release:
Genre:
ISBN: 2738170056

Treatise on International Criminal Law

Treatise on International Criminal Law
Author: Kai Ambos
Publisher: OUP Oxford
Total Pages: 520
Release: 2013-01-24
Genre: Law
ISBN: 0191648868

Since the adoption of the Rome Statute of the International Criminal Court in 1998, international criminal law has rapidly grown in importance. This three-volume Treatise on International Criminal Law presents a foundational, systematic, consistent and comprehensive analysis of international criminal law. 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 and practical work in international criminal law. This first volume addresses the foundations of international criminal law and the emerging general principles. It examines the history of the discipline and the concepts behind it. Looking at the sources of international criminal law, the book then moves to investigate the general structure of crime in international criminal law, and to address in detail the role played by the concept of individual criminal responsibility. The subjective requirements of criminal responsibility are examined, and also those defences that exclude such responsibility. The full three-volume treatise will address the entirety of international criminal law, re-stating and re-examining the fundamental principles upon which it rests, the manner it is enacted, and the key issues that are shaping its future. It will be essential reading for practitioners, scholars, and students of international criminal law alike.

General Principles of Criminal Law

General Principles of Criminal Law
Author: Jerome Hall
Publisher: The Lawbook Exchange, Ltd.
Total Pages: 656
Release: 2010
Genre: Criminal law
ISBN: 1584774983

"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.

The Department of Public Prosecution and Judicial Police in Cameroon

The Department of Public Prosecution and Judicial Police in Cameroon
Author: Chimontoh Zonipoh Akomandoh
Publisher: Miraclaire Publishing
Total Pages: 308
Release:
Genre: Law
ISBN:

The Department of Public Prosecution and Judicial Police in Cameroon, while tracing the historical background of the Legal Department, carefully walks you through its institutional framework and governing principles, while highlighting its omnipresence at all phases of the procedure (police investigation, preliminary inquiry, hearing before the Courts as well as in the execution of Court Judgments). The said ubiquitous presence is accentuated by the lawmakers who in some instances render it not only necessary but mandatory as well. Curiously, the Department of Public Prosecution is presented as that principal party who is not responsible for malicious prosecution. Chief Justice Bechem Eyong Eneke President Court of Appeal, Buea, South West Region &&&&& This book is incontrovertibly a major contribution towards the development of Cameroons legal system. It presents the Public Prosecution Department (Legal Department), incarnated by the Public Prosecutor (State Counsel), as one of the rare omnipresent actors in criminal proceedings whose presence in all phases of the criminal procedure is almost mandatory, while her role is primordial. It presents a cogent, critical, and lucid analysis of the multi-dimensional institution embodied by the State Counsel from a historical perspective and within the context of the CPC. In a clear and simple style, the book provides practical solutions to diverse theoretical and practical issues faced by legal practitioners in the application of the CPC pertaining to the institution the Legal Department. The discussion is incisive, meticulous, and buttressed with statutory provisions and available cases. Bih Che épouse Anye Nde Abegley State Counsel, Court of First Instance Bali, North West Region

Organized Crime Legislation in the European Union

Organized Crime Legislation in the European Union
Author: Francesco Calderoni
Publisher: Springer Science & Business Media
Total Pages: 201
Release: 2010-06-09
Genre: Law
ISBN: 3642043313

Just a few months after the entry into force of the EU Framework Decision on the fight against organized crime, this book provides an unprecedented analysis of the national and European legislation on organized crime. The book provides a critical examination of the European policies and legal instruments to promote the harmonization and approximation of criminal law in this field (including the United Nations Convention on Transnational Organized Crime). The current level of harmonization among EU Member States and the approximation to the standards of the new Framework Decision are discussed in detail, with the help of tables, graphs and maps. The results highlight the problems surrounding the international legal instruments and the inconsistencies of the national approaches to combating organized crime.

Mens Rea in EU Antitrust Law

Mens Rea in EU Antitrust Law
Author: Jan Blockx
Publisher: Kluwer Law International B.V.
Total Pages: 268
Release: 2020-07-09
Genre: Law
ISBN: 9403523549

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.