Criminal Law: Comparative, Doctrinal and Procedural Topics

Introduction

1. Introduction

1. 1.1. By proceeding
2. 1.2. Criminal Law (CL) as a sector of law
   1. 1.2.1. Objective approach
   2. 1.2.2. Subjective approach
3. 2. Relations between morals and Criminal Law
4. 3. Definition of Criminal Law in relation to other legal systems
5. 4. An economic analysis of law
6. 5. Social approach

Common Law and Civil Law

Common Law & Civil Law

1. 1. Introduction
2. 2. Comparative analysis
   1. 2.1. By their origins
   2. 2.2. Concrete understanding of dichotomy: tradition v. reform
   3. 2.3. Rule of law v. regulatory law
   4. 2.4. By the sources of law
   5. 2.5. Method used to create criminal law
   6. 2.6. Concrete organization of the state
   7. 2.7. Procedures applied
   8. 2.8. Role played by prosecutors and law enforcement agencies (LEA)
   9. 2.9. Role played by judges
   10. 2.10. Scientific method used in analyzing criminal law
   11. 2.11. Severity of punishment and conservative judicial practice

Sources of Criminal Law

Sources of Criminal Law

1. 1. The meaning of sources of law
2. 2. Political aspects of the sources of law
3. 3. What institutions can create criminal law?
4. 4. The form adopted by the criminal law
5. 5. The nature of the act creating criminal law
6. 6. The wording of the statute
7. 7. The twofold meaning
8. 8. The addressees of the statute
9. 9. Criminal act & criminal code
10. 10. The criminal statute as part of the legal system

Theories of Punishment

Theories of Punishment

1. 1. Why punish?
2. 2. Retributive theories vs consequential theories
3. 3. Eclecticism
4. 4. Dispute between theories
5. 5. Why punish in modern states?
6. 6. Punishment as part of the theory of the state

Principles of Punishment

Principles of Punishment

1. 1. Principle of legality
2. 2. Principle of guilt
3. 3. The harm-protection principle
4. 4. Principle of efficiency
5. 5. Principle of minimal intervention
6. 6. Principle of proportionality
7. 7. Humanitarian principle
8. 8. The resocialization principle

Interpretation of the Criminal Statute

Interpretation of the Criminal Statute

1. 1. Why does criminal law need interpretation?
2. 2. Different roles of judges in civil and common law
3. 3. Ordinary meaning (principle of interpretation)
4. 4. Importance of legislative background
5. 5. The so-called "strict construction"
6. 6. A consequence of the principle of legality: prohibition of analogy

Applicability of Criminal Statutes

Applicability of Criminal Statutes

1. 1. Intro
2. 2. Principle of territoriality
   1. 2.1. Territorial sea
   2. 2.2. The airspace over territory
   3. 2.3. Principle of ubiquity
   4. 2.4. National ships & aircraft (flag principle)
3. 3. Nationality principle
4. 4. Security principle
5. 5. Universality principle
6. 6. Conflicts of jurisdiction as consequence of fragmentation
7. 7. Inviolability and immunity as exceptions to jurisdiction
   1. 7.1. Inviolability
   2. 7.2. Immunity
   3. 7.3. Privileged jurisdiction

Criminal Procedure

Criminal Procedure

1. 1. Intro
2. 2. Legality principle vs opportunity principle
3. 3. Right to a fair trial
4. 4. The accusatorial principle
5. 5. The right of the defence
6. 6. The presumption of innocence
7. 7. The right to be tried by an independent court
8. 8. The right to a public trial
9. 9. Prohibition of double trial
10. 10. The European Court of Human Rights