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Different approaches to the division between "objective" and "subjective" elements of the crime ? a comparative analysis

Tildelt: kr 15 000




2013 - 2014

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The aim of this research project is to compare how the distinction between ?objective? and ?subjective? elements of the crime is worked out in legal doctrine in some European states. This should be done not only through a comparison between different lega l scholars, but also through an analysis of how and to what extent the systematization in the respective state?s criminal code has influenced the legal doctrine at this point, and vice versa. It should also be discussed whether differences in the systemat ization of the general part seem to have had intended or non-intended consequences for the normative content of the different conditions for criminal liability. The study is meant to include some core states and scholars, such as Norway (Andenæs, Jacobsen ), Germany (Roxin, Jescheck, Kühl, Kindhauser a.o.), England (Ashworth a.o) and Sweden (Jareborg/Asp/Ulväng). In addition, some other countries will be studied more briefly, in order to grasp the extension of the major schools of thought in this area. In order to get easy and thorough access to the relevant sources, a stay at the Max Planck institute for international and foreign criminal law in Freiburg (Germany) will be an important part of the project.