Download Mistake of Law: Excusing Perpetrators of International by Annemieke van Verseveld PDF
By Annemieke van Verseveld
When a offender of a world crime argues in his defence that he didn't appreciate that he had violated the legislation, is that this a cause to not punish him? foreign crimes represent severe offences and it may be argued that he who commits such an offence needs to understand his act is punishable. finally, everyone seems to be presumed to grasp the legislation. even though, convicting a person who's flawed in regards to the wrongfulness of his act might be in violation of the primary ‘no punishment with no guilt’. This e-book investigates whilst 'mistake of legislations' can be a cause to exculpate the offender of a world crime. It demonstrates that the difficulty of 'mistake of legislations' is going to the center of person legal accountability and therewith contributes to the advance of a extra systematic process towards the constitution of foreign offences. invaluable for lecturers and practitioners within the box of overseas felony Law.
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14. 80 It would run counter to the doctrine of Parliamentary Sovereignty if a defendant could rely on a Court’s interpretation of the law, which apparently deviates from the meaning Parliament had in mind. 83 In British law the basic rule that ignorance or mistake of law is no defence is preserved in the draft criminal code. 87 This rule does not allow for a differentiated approach based on reasonableness. The much discussed English case Morgan,88 raises the issue of the consequences of applying the inexorable logic rule in case of a mistake about consent.
177, 1989, cl 21. Fletcher 1978, p. 736. Fletcher 1978, p. 736. Jescheck and Weigend 1996, p. 1. 26 2 The Theory of Mistake of Law the structure of criminal offences, the French have adopted a provision on mistake of law which is common to such provisions in various continental European countries, without knowing precisely how to characterise mistake of law within their existing system of criminal offences. 2 Germany: Mistake of Law is an Excuse Before the landmark decision of the Bundesgerichtshof (Federal Supreme Court) in 1952, the principle ignorantia legis non excusat was the basic principle in German criminal law.
But see, in the context of the Dutch approach to mistake of law, Stolwijk 2009 p. 232, § 27 (holding the required knowledge is knowledge of violating (some) criminal law). 158 Jescheck and Weigend 1996, p. 454, § 41. 3. See also Roxin 2006, p. 933, Rn. 12. 159 Jescheck and Weigend 1996, pp. 454–455, § 41. 3. See also Artz 1986, p. 725. 160 See also Artz 1986, p. 724. 161 See Roxin 2006, p. 940, Rn. 28. 162 Roxin 2006, p. 935, Rn. 16. e. he must be certain about the lawfulness of his behaviour. 164 According to Roxin, the contrary is true, a defendant in doubt is not excluded from the mistake of law excuse per se.