A Modern Treatise on the Principle of Legality in Criminal LawPDF电子书下载

1 The Meaning and Structure of the Principle of Legality in Criminal Law 1

1.1 The Role of the Principle of Legality in the Criminal Law Theory 1

1.1.1 The Basic Structure of Criminal Law Theory 1

1.1.2 The Basic Structure of the Principle of Legality in Criminal Law 5

1.2 Development of the Principle of Legality in Criminal Law and Its Modern Justifications 8

2 The Legitimate Sources of the Criminal Norm 15

2.1 The Structure of the Criminal Norm and Its Identification 16

2.1.1 Valid Conditional Clauses 16

2.1.2 Criminal Sanction 17

2.1.3 Classification of Offences Based on Content 18

2.2 The Legal Sources of the Criminal Norm 20

2.2.1 General Principles 20

2.2.2 Legal Sources 33

2.3 Conflict of Laws Based on Legitimate Sources of the Criminal Norm 46

3 Applicability of the Criminal Norm in Time 49

3.1 Basic Distinctions 49

3.1.1 Distinction Between Procedural and Substantive Criminal Norms 50

3.1.2 Distinction Between Relevant Points in Time 51

3.1.3 Distinction Between Continuous, Temporary, and Fragmented Criminal Norms 55

3.1.4 Distinction Between Mitigating and Aggravating Criminal Norms 56

3.2 Applicability of the Procedural Criminal Norm in Time 58

3.2.1 The General Rule 58

3.2.2 Application of the Rule 61

3.3 Applicability in Time of the Substantive Criminal Norm 67

3.3.1 The General Rule 67

3.3.2 Application of the Rule 71

3.4 Conflict of Laws Based on Applicability of the Criminal Norm in Time 78

4 The Applicability of the Criminal Norm in Place 81

4.1 The Basic Distinctions 81

4.1.1 Distinction Between Applicability and Jurisdiction in Criminal Law 82

4.1.2 Distinction Between Procedural and Substantive Criminal Norms in Different Legal Systems 83

4.1.3 Distinction Between Domestic and Foreign Criminal Norms and Criminal Events 86

4.1.4 Distinction Between Locally Restricted and Not Restricted Criminal Norms 89

4.1.5 Distinction Between the Relevant Factors Connecting the Criminal Event with the Criminal Norm 90

4.2 Applicability of the Procedural Criminal Norm in Place 92

4.2.1 The General Rule 92

4.2.2 Application of the Rule 95

4.3 Applicability of the Substantive Criminal Norm in Place 97

4.3.1 The General Rule 97

4.3.2 The Territorial Application of the General Rule 100

4.3.3 Extraterritorial Application of the General Rule 118

4.4 Conflict of Laws Based on the Applicability of the Criminal Norm in Place 129

4.4.1 The General Rule 129

4.4.2 International Cooperation and the Extraterritorial Vicarious Applicability 131

5 Interpretation of the Criminal Norm 133

5.1 Structure of Interpretation of the Criminal Norm 133

5.2 Rules of Formulation of the Criminal Norm 135

5.2.1 Generality 135

5.2.2 Feasibility 137

5.2.3 Clarity and Precision 138

5.2.4 Relevance of Non-Criminal Norms 141

5.3 Rules of Application of the Criminal Norm 143

5.3.1 Applicability of the General Principles of Criminal Law 144

5.3.2 Specific and General Criminal Norms 145

5.3.3 Analogy 147

5.3.4 Strict and Purposive Interpretations 149

5.3.5 Assisting Legal Measures for Revealing the Legal Logic (Ratio Legis) Through the Purposive Interpretation 152

5.3.6 Mitigating Interpretation 160

5.4 Conflict of Laws Based on the Interpretation of the Criminal Norm 163

6 The Conflict of Laws Within the Conflicts of Laws in the Principle of Legality 165

Cases 169

Anglo-American Cases 169

German Cases 184

European Cases 186

International Cases 187

Bibliography 189

Index 197