...a helpful resource for understanding the code-driven German law [and] a must read for any English speaker looking for a comprehensive introduction to German criminal law. Manuel Ladiges Criminal Law Forum Volume 22, 2011

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.
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The book provides an outline of the principles of German criminal law, mainly the so-called 'General Part' and the core offence categories.

1. Introduction
2. Basic Concepts and Terminology: An Overview
3. The Tatbestand—Part One
4. The Tatbestand—Part Two
5. Justificatory Defences—Rechtfertigungsgründe
6. Guilt and Excusatory Defences
7. Attempts
8. Forms of Participation—Principals, Aiders and Abettors
9. Homicide Offences
10. Sexual Offences
11. Property Offences

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Studies in International and Comparative Criminal Law

Criminal law had long been regarded as the preserve of national legal systems, and comparative research in criminal law for a long time had something of an academic ivory tower quality. However, in the past 15 years it has been transformed into an increasingly, and moreover practically, relevant subject of study for international and comparative lawyers. This can be attributed to numerous factors, such as the establishment of ad hoc international criminal tribunals and the International Criminal Court, as well as to developments within the EU, the UN and other international organisations. There is a myriad of initiatives related to tackling terrorism, money laundering, organised crime, people trafficking and the drugs trade, and the international 'war' on terror. Criminal law is being used to address global or regional problems, often across the borders of fundamentally different legal systems, only one of which is the traditional divide between common and civil law approaches. It is therefore no longer solely a matter for domestic lawyers. The need exists for a global approach which encompasses comparative and international law.

Responding to this development this new series will include books on a wide range of topics, including studies of international law, EU law, the work of specific international tribunals, and comparative studies of national systems of criminal law. Given that the different systems to a large extent operate based on the idiosyncracies of the peoples and states that have created them, the series will also welcome pertinent historical, criminological and socio-legal research into these issues.

Editorial Committee:

Cheah Wui Ling (NUS, Singapore)
Caroline Fournet (Groningen, The Netherlands)
Rachel Killean, (QUB, Belfast)
Dawn Rothe (FAU, USA)
Liling Yue (Beijing, China)
Heike Jung (Saarbrücken, Germany)
Adel Ibrahim Maged (Cairo, Egypt)
Wolfgang Schomburg (Berlin, Germany)
Noha Aboueldahab (Brookings Institute, Doha)
Gleb I Bogush (HSE University, Russia)
Hector Olasolo (Universidad del Rosario, Colombia)
Leigh Swigart (Brandeis University, USA)
Sarah Williams (University of New South Wales, Australia)

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Produktdetaljer

ISBN
9781841136301
Publisert
2008-12-18
Utgiver
Bloomsbury Publishing PLC
Høyde
234 mm
Bredde
156 mm
Dybde
12 mm
Aldersnivå
P, 06
Språk
Product language
Engelsk
Format
Product format
Heftet
Antall sider
242

Forfatter

Biografisk notat

Michael Bohlander had been a member of the German judiciary for over 13 years before he joined Durham Law School in 2004. From 1999 until 2001 he was the senior legal officer of Trial Chamber II of the International Criminal Tribunal for the Former Yugoslavia. He is the editor-in-chief of the International Criminal Law Review, the General Editor of Studies In Comparative and International Criminal Law, a member of the editorial board of the Journal of Criminal Law and a co-editor of Beitrage Zur Strafrechtswissenschaft, a German series of monographs on criminal law. He has published 7 books and monographs and over 100 book chapters, articles, essays, case comments, book reviews and notes.