tailieunhanh - Principles of German Criminal Law

This book is meant as a companion to my translation of the German Criminal Code, recently published by Hart. Despite the fact that there are many publications that deal with individual comparative aspects of German criminal law, a coherent presentation of the main principles in English has been missing so far. I hope that the book together with the Criminal Code translation will give readers a reliable first impression of the German law | STUDIES IN INTERNATIONAL COMPARATIVE CRIMINAL LAW principles of german criminal law MICHAEL BOHLANDER PRINCIPLES OF GERMAN CRIMINAL LAW German criminal law doctrine as one of the more influential doctrines 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 United Kingdom the United States 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. This book will serve as a useful aid to debates about codification efforts in countries that are mostly based on a case law system but which 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. This 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. Studies .