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In ordinary language, a crime is an unlawful act punishable by a state or other authority. The term crime does not, in modern criminal law, have any simple and universally accepted definition, though statutory definitions have been provided for certain purposes. The most popular view is that crime is a category created by law; in other words, something is a crime if declared as such by the relevant and applicable law. One proposed definition is that a crime or offence is an act harmful not only to some individual but also to a community, society, or the state. Such acts are forbidden and punishable by law.
A plea bargain is an agreement in criminal law proceedings, whereby the prosecutor provides a concession to the defendant in exchange for a plea of guilt or nolo contendere. This may mean that the defendant will plead guilty to a less serious charge, or to one of the several charges, in return for the dismissal of other charges; or it may mean that the defendant will plead guilty to the original criminal charge in return for a more lenient sentence.
In law, a plea is a defendant's response to a criminal charge. A defendant may plead guilty or not guilty. Depending on jurisdiction, additional pleas may be available, including nolo contendere, no case to answer, or an Alford plea.
An inchoate offense, preliminary crime, inchoate crime or incomplete crime is a crime of preparing for or seeking to commit another crime. The most common example of an inchoate offense is "attempt". "Inchoate offense" has been defined as the following: "Conduct deemed criminal without actual harm being done, provided that the harm that would have occurred is one the law tries to prevent."
An affirmative defense to a civil lawsuit or criminal charge is a fact or set of facts other than those alleged by the plaintiff or prosecutor which, if proven by the defendant, defeats or mitigates the legal consequences of the defendant's otherwise unlawful conduct. In civil lawsuits, affirmative defenses include the statute of limitations, the statute of frauds, waiver, and other affirmative defenses such as, in the United States, those listed in Rule 8 (c) of the Federal Rules of Civil Procedure. In criminal prosecutions, examples of affirmative defenses are self defense, insanity, entrapment and the statute of limitations.
The law of Japan refers to the legal system in Japan, which is primarily based on legal codes and statutes, with precedents also playing an important role. Japan has a civil law legal system with six legal codes, which were greatly influenced by Germany, to a lesser extent by France, and also adapted to Japanese circumstances. The Japanese Constitution enacted after World War II is the supreme law in Japan. An independent judiciary has the power to review laws and government acts for constitutionality.
Respondeat superior is a doctrine that a party is responsible for acts of their agents. For example, in the United States, there are circumstances when an employer is liable for acts of employees performed within the course of their employment. This rule is also called the master-servant rule, recognized in both common law and civil law jurisdictions.
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Corporate liability, also referred to as liability of legal persons, determines the extent to which a company as a legal person can be held liable for the acts and omissions of the natural persons it employs and, in some legal systems, for those of other associates and business partners.
In criminal law, strict liability is liability for which mens rea does not have to be proven in relation to one or more elements comprising the actus reus although intention, recklessness or knowledge may be required in relation to other elements of the offense. The liability is said to be strict because defendants could be convicted even though they were genuinely ignorant of one or more factors that made their acts or omissions criminal. The defendants may therefore not be culpable in any real way, i.e. there is not even criminal negligence, the least blameworthy level of mens rea.
Superior orders, also known as the Nuremberg defense or just following orders, is a plea in a court of law that a person, whether a member of the military, law enforcement, or the civilian population, should not be considered guilty of committing crimes that were ordered by a superior officer or official.
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Criminal law is the body of law that relates to crime. It prescribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and welfare of people inclusive of one's self. Most criminal law is established by statute, which is to say that the laws are enacted by a legislature. Criminal law includes the punishment and rehabilitation of people who violate such laws.
A lay judge, sometimes called a lay assessor, is a person assisting a judge in a trial. Lay judges are used in some civil law jurisdictions. Lay judges are appointed volunteers and often require some legal instruction. However, they are not permanent officers. They attend proceedings about once a month, and often receive only nominal or "costs covered" pay. Lay judges are usually used when the country does not have juries. Lay judges may be randomly selected for a single trial, or politically appointed. In the latter case they may usually not be rejected by the prosecution, the defense, or the permanent judges. Lay judges are similar to magistrates of England and Wales, but magistrates sit about twice as often.
Eric Andreas Hilgendorf is a German professor of law and legal philosopher. He holds the Chair in Criminal Law, Criminal Procedure, Legal Theory, and Information and Computer Science Law at the University of Würzburg. Hilgendorf is one of Germany's most influential scholars in the field of criminal law, with special focuses on IT law as well as on artificial intelligence and law.
Serge Guinchard is a French jurist who formerly taught at the Law School of Dakar and Jean Moulin University Lyon 3 and most recently at Panthéon-Assas University, where he is now Professor emeritus. He has also held political posts in the metropolitan government of Lyon.
In law, a conspiracy theory is a theory of a case that presents a conspiracy to be considered by a trier of fact. A basic tenet of “traditional conspiracy theory” is that each co-conspirator is liable for acts of co-conspirators “during the existence of and in furtherance of the conspiracy.” Procedures and proof requirements for conspiracy theory litigation as well as the definition of ‘conspiracy’ vary by jurisdiction and body of law. In civil litigation, it can offer advantages relative to aiding-and-abetting or joint tortfeasor case theories.
Ariel Porat is the president of Tel Aviv University (TAU), a full professor and former dean at TAU's Buchmann Faculty of Law. Until his appointment as president, he was a distinguished visiting professor of law at the University of Chicago Law School. He is a member of the Israel Academy of Sciences and Humanities, incumbent of the Alain Poher Chair in Private Law at TAU, and recipient of The EMET Prize for Art, Science and Culture for Legal Research.
French criminal law is "the set of legal rules that govern the State's response to offenses and offenders". It is one of the branches of the juridical system of the French Republic. The field of criminal law is defined as a sector of French law, and is a combination of public and private law, insofar as it punishes private behavior on behalf of society as a whole. Its function is to define, categorize, prevent, and punish criminal offenses committed by a person, whether a natural person or a legal person. In this sense it is of a punitive nature, as opposed to civil law in France, which settles disputes between individuals, or administrative law which deals with issues between individuals and government.
References
- ↑ A Modern Treatise on the Principle of Legality in Criminal Law
- ↑ "Prof. Gabriel Hallevy – One of the Top 40 under 40". Globes.ac.il. 6 July 2011. Archived from the original on 3 March 2016. Retrieved 25 August 2019.
- ↑ Gabriel Hallevy, Yapay Zekaya Sahip Varlıkların Cezai Sorumluluğu – Bilim Kurgudan Yasal Toplumsal Denetime, (Çeviren: Müslüm Fincan) Küresel Bakış Çeviri Hukuk Dergisi, Vol. 24, pp. 111–142 (2018)
- ↑ Gabriel Hallevy, 人工智能实体的刑事责任 (Translation: 赵增田 译, 同济大学) 同济大学 (Tongji University)
- ↑ The Future of Thinking | Gabriel Hallevy | TEDxBucharest – YouTube
- ↑ "PROF. GABRIEL HALLEVY | הקריה האקדמית אונו". Ono.ac.il. 26 September 2011. Archived from the original on 26 March 2012. Retrieved 17 October 2011.
- ↑ https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1835362
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