Aspects of Implementing the Culpability Principle both under International and National Criminal Law

Fransisco, M.I.F.
Pages: 285 pages
Shipping Weight: 320 gram
Published: 07-2008
Publisher: WLP
Language: US
ISBN (softcover) : 9789058500540

Product Description

This study is devoted to the various ways States try to implement mens rea or subjective elements contained in treaties providing for definitions of crimes and legal reasons of criminal responsibility, called ‘substantive criminal law’ treaties.

In this initial context, we will follow the classical and widely accepted distinctions as formulated by the legal scholars Mueller and Besharov in ‘A Treatise on International criminal law’. Therefore, when dealing with treaties that regulate criminal behaviour itself, together with definitions of grounds for criminal responsibility such as participation, waging, conspiracy or inchoate acts, the term ‘substantive law’ will be used, whereas the term ‘procedural criminal law’ will be henceforth used when classifying international criminal law regulations on interstate jurisdiction, co-operation and assistance.

This study will provide an answer to the main question: what is the role played by the culpability principle and the subjective preconditions for establishing criminal liability, as regulated at the domestic level, when a state implements the requirements that derive from ratified treaties containing legal definitions of crimes.