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Company Directors: Duties, Liabilities and Remedies

Edited by: Mark Arnold KC, Simon Mortimore KC
Price: £275.00

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Criminal Liability of Political Decision Makers

Edited by: Frank Zimmermann

ISBN13: 9783319520506
Published: September 2017
Publisher: Springer-Verlag
Country of Publication: Switzerland
Format: Hardback
Price: £119.99



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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.

Subjects:
Criminal Law
Contents:
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.