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Non-state Actors Law-making and Domestic Criminal Law

Non-state Actors Law-making and Domestic Criminal Law

作者： Dominik Zajac
出版商： Springer International
ISBN: 9783031478697
出版时间 December 2023
规格： Paperback
适应领域： Switzerland ? 免责申明：
Countri(es) stated herein are used as reference only

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This book describes how statements made by non-state actors affect the scope of an individual's criminal responsibility and how they should be taken into account by domestic criminal courts.

Sentencing is only possible on the basis and within the limits of the law. In the 21st century, this law increasingly means regulations formulated by various non-state actors: international organisations, human rights tribunals or statutory bodies. The content of these regulations does not only refer to states, but often has a direct impact on the legal situation of individuals.

Two worlds collide here. Strict criminal law is influenced by fluid regulations issued by entities that have not been empowered to exercise the right to punish.

The book presents an interpretative method to support the court's inference in the cases outlined above, based on the using the concept of two interrelated norms: the norm of the individual and the norm of the court.
Chapter 1. Introduction
Chapter 2. The making of criminal law as an element of ius puniendi
Chapter 3. Substantive criminal law in the normative approach
Chapter 4. Non-state actors as law-makers
Chapter 5. Regulation issued by the non-state actors
Chapter 6. Conflict of regulation-elements of norms
Chapter 7. The regulation of non-state actors as elements of the domestic penal norms
Chapter 8. Conclusions

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