Edited by Jan M. Smits
Chapter 22: Criminal law and criminal procedure*
Traditionally, criminal law was regarded as deeply rooted in a country’s social mores and cultural preferences, defying transnational assimilation and harmonization. The purpose of studying and comparing foreign systems of criminal justice was therefore seen as academic rather than practical: looking at other nations’ criminal laws was to help better understand and put into context one’s own laws; comparison could also demonstrate the relativity of legal solutions to social problems (cf. Eser, 1998, pp. 1510–20; Pradel, 2008, p. 11; Beck, 2011, pp. 67–72; Kremnitzer, 2011, pp. 30–32). Criminal courts, in contrast to their civil counterparts, do not normally apply foreign criminal law. When they have jurisdiction over an offence they will apply domestic law, both substantive and procedural. There are only a few exceptional situations when foreign law has to be taken into account. In many legal systems, an offender who has acted outside the jurisdiction of the forum state will be punished only if the act in question is criminal both in the forum state and in the state where it was committed.
You are not authenticated to view the full text of this chapter or article.
Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.
Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.
Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.