Observations on the French Theory of Crime from a German Perspective
Posted: 4 May 2009
Date Written: July 22, 2008
The paper analyzes the French doctrine of crime from a German perspective. It identifies seven possible structures containing the different constituting elements of crime. There is controversy as to the contents and systematic location of the legal and moral elements as well as to the existence of an autonomous element of wrongfulness. An autonomous category of culpability is not recognized. There are certain similarities with regard to the German doctrine, e.g. as to the possible distinction between a subjective and a moral element, comparable to the (post)finalist distinction between psychological intent and normative culpability.
Keywords: doctrine of crime, legal element, moral element, element of wrongfulness, culpability
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