Non-state Actors Law-making and Domestic Criminal Law

ISBN-13: 9783031478697 / Angielski / Miękka / 2023

Dominik Zając

Opis

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.

Spis treści

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

O autorze

Dominik Zając (b. 1988) - Doctor of Laws (2016), Assistant Professor at the Department of Criminal Law at the Jagiellonian University, also completed barrister training, currently also working as a clerk in the Supreme Court of Poland. Scholarship holder of the Max Planck Society and the Start Programme. He conducted research at the University of Manechester, the Max Planck Institute in Freiburg im Breisgau and at the University of Göttingen as a Bekker Programme Fellow. His research interests include criminal law i international context, with a particular focus on issues of jurisdiction and cross-border crime, as well as implementation mechanisms. He is the author of dozens of publications, also in English.