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Criminal Liability of Political Decision Makers

Criminal Liability of Political Decision Makers

Author: Frank Zimmermann
Publisher: Springer-Verlag
ISBN: 9783319520506
Published In: September 2017
Format: Hardback
Jurisdiction: Switzerland ? Disclaimer:
Countri(es) stated herein are used as reference only

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This book is dedicated to a fundamental conflict in modern states: those holding public office are no more than ordinary citizens. Therefore, their activities must - as a matter of principle - be subject to full judicial control. But at the same time, democratically legitimated politicians need some discretion in their decision making. Allegations of politicians committing criminal offences in office quickly attract a great deal of media attention. Even politicians themselves frequently use such allegations to discredit their political opponents. However, to date this topic has not been fully addressed on an academic level. This book is a first step in this direction. The individual contributions cover topics such as:

"bad" political decisions that result in a waste of taxpayers' money
corruption and conflicts of interest in political decision making
immunities and procedural obstacles to the effective prosecution of politicians
abuse of criminal law and criminal proceedings in the political arena
criminal liability for decisions taken in situations of state emergency
the role of criminal law in public opinion.Leading experts examine these and other issues from a comparative perspective.

Part I - Comparative Case Study: Country Reports: Introduction: Comparing the Criminal Liability of Political Decision Makers on the Basis of a Concrete Case by Frank Zimmermann

The Case to Be Analysed by Frank Zimmermann

Belgium by Wendy De Bondt

Finland by Dan Helenius

France by Guillaume Chetard

Germany by Frank Zimmermann

Greece

Italy by Federica Iovene and Nicola Recchia

The Netherlands by Willem Geelhoed

Norway by Annika Suominen

Spain by Manuel Maroto Calatayud

Part II - Conclusions from the Country Reports & Further Thoughts on the Interplay of Criminal Law and Politics: A Comparative Analysis of Criminal Laws Protecting Public Budgets - Can "Bad" Political Decisions Be Criminalised? by Frank Zimmermann

Criminal Responsibility of Political Decision Makers and Bribery-Related Offences: a Brief Comparative Analysis of Some Prominent Aspects by Manuel Maroto Calatayud

A Comparative Analysis of Special Sanctions Applicable to Political Decision Makers by Dan Helenius

A Comparative Analysis of National Provisions Granting Immunity to Politicians by Federica Iovene

Comparing Special Procedural Rules for the Prosecution of Politicians - A Blessing or a Curse? by Annika Suominen

Corruption as Disloyalty? by Gabriel Perez Barbera

Political Decision-Making and the Phenomenon of Elite Corruption by Bernd Heinrich

Ill-Motivated Criminal Proceedings as a Means in the Political Arena? by Athina Giannakoula

Can Politicians Shield Themselves Against Criminal Liability By Means of Law Reform? by Nicola Recchia

Criminal Liability of Political Decision Makers in Time of Crisis by Petter Asp

Criminal Law and the Financial Crisis: The Proceedings against Iceland's Former Prime Minister Geir H. Haarde by Ragnheidur Bragadottir

Prosecutorial Discretion in the Netherlands - An Advantage for Politicians? by Willem Geelhoed

The Politics of Political Hate Speech in Belgium by Wendy De Bondt

Criminal Liability for Accidents in France: Is Corporate Criminal Liability of Public Entities the Solution? by Guillaume Chetard.

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