By Kevin Jon Heller, Markus Dubber
This key reference covers the entire world's significant criminal systems—common, civil, Asian, and Islamic legislations traditions—with essays on 16 nations on six diverse continents. The advent areas every one state inside of conventional differences between criminal structures and explores noteworthy similarities and alterations one of the international locations coated, delivering a great access into the attention-grabbing variety of legal legislations platforms in use the realm over.
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Extra resources for The Handbook of Comparative Criminal Law
Thus, for example, one may be liable for an accomplished criminal homicide under article 79 of the CP even if the killing of the victim is not something that the agent intends, but merely foresees as a side effect (the case of dolus eventualis). But under the literal construction of the “with the purpose” clause, if the victim does not eventually die, the agent is not liable for an attempted homicide unless he or she acted with the purpose of killing the victim. 69 Take Righi’s version of the objection.
In sum, there is in Argentine law a normative commitment to a kind of act requirement, with two important qualifications. The first has to do with the requirement’s scope. In its Argentine version, the requirement does not amount to a ban on the criminalization of nonacts of any sort, although it does seem to prevent the legal adoption of criminal statutes grounding punitive treatment in personal status, character traits, and ways of life. , drugs, stolen goods, weapons, or forgery apparel) has found no legal barrier, judicial or otherwise, even though the criminalized possession relations are not actions.
36 A constitutional source was mentioned in a case in which a trial court invalidated legal rules denying privileges, like the possibility to be released on parole, to recidivists. 37 In this ruling the court cited article 19 of the constitution as the source of a constitutional ban on the criminalization of personal status, character traits, ways of life, and the like, as opposed to the criminalization of individual acts. 38 The trial court went further 22 Marcelo Ferrante and read the clause as providing for another restriction besides the Millian harm principle: only actions and nothing but actions may be criminalized—and among these, only those that satisfy the restriction of the harm principle.