Search results

Link collection site; with case note by Il Ho Lee

The language of international criminal law has considerable traction in global politics, and much of its legitimacy is embedded in apparently 'axiomatic' historical truths. This innovative edited collection brings together some of the world's leading international lawyers with a very clear mandate in mind: to re-evaluate ('retry') the dominant historiographical tradition in the field of international criminal law.

Much of the literature on federal criminal law bemoans the extent to which Congress has abdicated its legislative responsibilities and left enforcement decisions to prosecutorial discretion. Many critics have sought to compensate for the absence of appropriate legislative specificity by proposing other devices for limiting prosecutorial power, many of which would centralize enforcer authority. Guided by recent work in positive political theory, Professor Daniel Richman argues that such claims of legislative abdication overlook the attention that Congress has given to the organization and activities of the federal enforcement bureaucracy. By showing the extent to which Congress balances concern with enforcer accountability against suspicion of presidential power, the Article cautions against reform proposals that would undermine considered political decisions about the allocation of criminal enforcement authority.

Title from caption. ; Imprint varies. ; Psychological abstracts ; Mode of access: Internet. ; Official publication also of: the American Prison Association and the American Society of Military Law, 1917/1918-1931. ; Vols. 1 (1910)-24 (1934). 1 v. (Includes index to the journal under its later title); Vols. 1 (1910)-61 (1970). 1 v. (Includes index to the journal under its later titles)

Title from caption. ; Imprint varies. ; Psychological abstracts ; Mode of access: Internet. ; Official publication also of: the American Prison Association and the American Society of Military Law, 1917/1918-1931. ; Vols. 1 (1910)-24 (1934). 1 v. (Includes index to the journal under its later title); Vols. 1 (1910)-61 (1970). 1 v. (Includes index to the journal under its later titles)

The aim of study was to analyze the functioning the new model of criminal corporate responsibility in Poland. The need to introduce into the Polish legal system liability of corporate (collective entities) has resulted, among others, from the Polish Republic's international commitments, in particular related to membership in the European Union. The study showed that responsibility of collective entities under the Act has a criminal nature. The main question concerns the ability of the collective entity to be brought to guilt under criminal law sense. Polish criminal law knows only the responsibility of individual persons. So far, guilt as a personal feature of action, based on the ability of the offender to feel in his psyche, could be considered only in relation to the individual person, while the said Act destroyed this conviction. Guilt of collective entity must be proven under at least one of the three possible forms: the guilt in the selection or supervision and so called organizational guilt. In addition, research in article has resolved the issue how the principle of proportionality in relation to criminal measures in response of collective entities should be considered. It should be remembered that the legal subjectivity of collective entities, including their rights and freedoms, is an emanation of the rights and freedoms of individual persons which create collective entities and through these entities implement their rights and freedoms. The whole study was proved that the adopted Act largely reflects the international legal regulations but also contains the unknown and original legislative solutions.