Principles of German Criminal Procedure PDF Download

Author: Michael Bohlander
Publisher: Bloomsbury Publishing
ISBN: 1847314791
Category : Law
Languages : en
Pages : 242

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Book Description
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.

Author: Michael Bohlander
Publisher:
ISBN: 9781472565839
Category : Criminal procedure
Languages : en
Pages : 306

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Book Description
The book aims to outlinie the fundamental aspects of the German approach to criminal procedure; it is meant as a companion volume to the author''s earlier publications, ''The German Criminal Code - A Modern English Translation'', and ''Principles of German Criminal Law'', also with Hart. In appropriate cases, comparisons to English and Welsh law have been drawn. The chapters cover a wide range of issues from setting out the basic procedural principles to presenting the main players in the criminal justice system, pre-trial investigations, the path from indictment to trial judgment, rules of ev.

Author: Thomas Vormbaum
Publisher: Springer Science & Business Media
ISBN: 3642372732
Category : Law
Languages : en
Pages : 304

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Book Description
Increasingly, international governmental networks and organisations make it necessary to master the legal principles of other jurisdictions. Since the advent of international criminal tribunals this need has fully reached criminal law. A large part of their work is based on comparative research. The legal systems which contribute most to this systemic discussion are common law and civil law, sometimes called continental law. So far this dialogue appears to have been dominated by the former. While there are many reasons for this, one stands out very clearly: Language. English has become the lingua franca of international legal research. The present book addresses this issue. Thomas Vormbaum is one of the foremost German legal historians and the book's original has become a cornerstone of research into the history of German criminal law beyond doctrinal expositions; it allows a look at the system’s genesis, its ideological, political and cultural roots. In the field of comparative research, it is of the utmost importance to have an understanding of the law’s provenance, in other words its historical DNA.

Author:
Publisher: Bloomsbury Publishing
ISBN: 1847314384
Category : Law
Languages : en
Pages : 191

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Book Description
German substantive criminal law has been influential in many civil law countries, most notably in the Hispanic world. In the common law countries, not surprisingly because of the systemic differences in approach, its impact has been much less, if not negligible. This may be largely explained as a result of the language barrier. An up-to-date and reliable English translation of the German Criminal Code has been conspicuously missing for some time. This book presents a new English translation of the Strafgesetzbuch, (the Criminal Code), in its most recent amended form of August 2007. The Code is the centrepiece of German substantive criminal law and informs the interpretation and application of any other criminal provisions which can be found in specific legislation. The translation thus affords an opportunity to profit from a legal tradition that has had a major influence over history and has a rich experience of doctrinal analysis. The translation adheres as closely as possible to the textual structure of the original, but has been made palatable to an English ear. It is intended as a companion to the author's Principles of German Criminal Law which was published in December 2008. Please click on the link below for further details. www.hartpub.co.uk/books/details.asp?isbn=9781841136301.

Author: Markus Dubber
Publisher: Oxford University Press
ISBN: 0199589607
Category : Law
Languages : en
Pages : 710

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Book Description
"A systematic and comprehensive comparative analysis, of criminal law, focused on two major jurisdictions: the United States and Germany."--Jacket.

Author: Kai Ambos
Publisher: Cambridge University Press
ISBN: 1108483399
Category : Law
Languages : en
Pages : 507

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Book Description
A comparative and collaborative study of the foundational principles and concepts that underpin different domestic systems of criminal law.

Author: Matthew Dyson
Publisher: Cambridge University Press
ISBN: 1107080487
Category : Law
Languages : en
Pages : 557

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Book Description
First English-language comparative volume to study where, how and why tort and crime interact. Covers common and civil law countries.

Author: Gerhard Werle
Publisher: Oxford University Press
ISBN: 0198703597
Category : Law
Languages : en
Pages : 711

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Book Description
Principles of International Criminal Law is one of the leading textbooks in the field. This third edition builds on the highly-successful work of the previous editions, setting out the general principles governing international crimes as well as the fundamentals of both substantive and procedural international criminal law.

Author: Kai Ambos
Publisher: Nomos Verlag
ISBN: 3845299258
Category : Law
Languages : de
Pages : 207

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Book Description
Diese innovative Studie versteht das nationalsozialistische Strafrecht – in Übereinstimmung mit Kontinuitäts- und Radikalisierungsthese – als rassistisch (antisemitisch), völkisch ("germanisch") und totalitär ausgerichtete Fortschreibung der autoritären und antiliberalen Tendenzen des deutschen Strafrechts der Jahrhundertwende und der Weimarer Republik. Dies wird durch die systematisch-analytische Aufbereitung der Texte relevanter Autoren belegt, wobei es primär um die – für sich selbst sprechenden – Texte, nicht die moralische Beurteilung ihrer Verfasser geht. Dabei werden auch Erkenntnisse zur Rezeption des deutschen (NS-) Strafrechts in Lateinamerika mitgeteilt. Die besagte Kontinuität existierte nicht nur rückwärtsgewandt (post-Weimar), sondern auch zukunftsgerichtet (Bonner Republik). Kurzum, das NS-Strafrecht kam weder aus dem Nichts noch ist es nach 1945 völlig verschwunden. Der zeitgenössische Versuch der identitären Rekonstruktion des germanischen Mythos durch die sog. "neue Rechte" schließt daran nahtlos an.

Author: ANONIMO
Publisher: Fred B Rothman & Company
ISBN: 9780837700304
Category : Social Science
Languages : en
Pages : 252

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Book Description
Goes beyond a mere literal translation of the code of criminal procedure by supplying the reader with relevant provisions of the German Constitution and from the Court of Organization Law. In addition, numerous comments to individual sections have been added by the translator.