BOUNDARIES OF CRIMINAL LIABILITY: PARTICIPATION IN CRIME, PREPARATORY OFFENCES AND OMISSIONS Review Essay of Core Concepts in Criminal Law and Criminal Justice: Anglo-German Dialogues (edited by Kai Ambos and others, 2020)

被引:0
|
作者
Gur-Arye, Miriam [1 ]
机构
[1] Hebrew Univ Jerusalem, Criminal Law, Jerusalem, Israel
关键词
German; Anglo-American and Israeli criminal law; participation in crime; preparatory offences; criminal omissions;
D O I
10.1017/S0021223720000102
中图分类号
D9 [法律]; DF [法律];
学科分类号
0301 ;
摘要
The book Core Concepts in Criminal Law and Criminal Justice: Anglo-German Dialogues is the first volume of an Anglo-German project which aims 'to explore the foundational principles and concepts that underpin the different domestic systems and local rules'. It offers comparative perspectives on German and Anglo-American criminal law and criminal justice as 'examples of the civil law and the common law worlds'. The comparisons 'dig beneath the superficial similarities or differences between legal rules to identify and compare the underlying concepts, values, principles, and structures of thought'. The review essay focuses on the topics of omissions, preparatory offences, and participation in crime, all of which extend the typical criminal liability. It presents the comparative German and Anglo-American perspectives discussed in the book with regard to each topic and adds the perspective of Israeli criminal law. It points out the features common to all these topics as an extension of criminal liability and discusses the underlying considerations that justify the criminalisation of omissions, preparatory offences, and participation in crime. In evaluating whether extending criminal liability in these contexts is justified, the review essay suggests reliance on two main notions: that of 'control over the commission of the offence' and that of 'liberty (or personal freedom)'.
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页码:392 / 408
页数:17
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