Ultima ratio Principle in the Criminalization of Tax Evasion [PDF]
Teisė, 2020 This article evaluates the significance of the principle of ultima ratio for the national process of criminalization. It also assesses the criminalization of tax evasion in the Criminal Code of the Republic of Lithuania using the criminalization criteria
Martynas Dobrovolskis
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Ultima Ratio as a Constitutional Principle [PDF]
Oñati Socio-Legal Series, 2012 The paper argues the criminal law notion of ultima ratio is an instance of a broader constitutional law principle of proportionality. However, ultima ratio is not the only principle relevant in a constitutional assessment of criminalization. The role of
Kaarlo Tuori
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The Principle of “Ultima Ratio” And/Or the Principle of Proportionality [PDF]
Oñati Socio-Legal Series, 2012 The ultima ratio principle is a highly topical subject. The author describes the common grounds and different perspectives of “ultima ratio” on the one hand and/or the principle of proportionality in German criminal and public law on the other hand.
Rudolf Wendt
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Criminal Liability of Members of Trading Companies in the Context of the Application of the ultima ratio Principle [PDF]
Societas et Iurisprudentia, 2021 The paper deals with the application of the ultima ratio principle in cases of unlawful conduct of company executive managers that fulfil the elements of property crimes, in particular the crimes of fraud and embezzlement.
Eva Szabová
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Criminalization of the Promise and Offer to Give or Accept a Bribe as a Completed Criminal Offense: Compliance with the Ultima ratio Principle [PDF]
Baltic Journal of Law & Politics, 2021 As the processes of globalization become more intense, the legislation adopted by international institutions occupies an increasingly important place in national criminal law, including crimes related to corruption.
Gruodytė Edita, Urbšytė Ugnė
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Ultima Ratio, Is the Principle at Risk?: Editors’ Introduction
Oñati Socio-Legal Series, 2013 Ultima ratio as a normative principle, or a constellation of principles, would be a hermeneutic pre-understanding or pre-interpretative concept to the effect that the definition of a certain socially relevant conduct as a crime and the consequent ...
Heike Jung +2 more
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The Role of the Ultima Ratio Principle in the Jurisprudence of the Norwegian Supreme Court
Oñati Socio-Legal Series, 2012 The article examines how the ultima ratio principle can be used to analyze and criticize the argumentation of the courts in cases concerning the interpretation of criminal statutes. Este artículo analiza la forma en la que el principio de ultima ratio
Thomas Frøberg
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Struggle in Favour of a Criminal Law as an ‘ultima ratio’. Critical Observations on the Criminalisation Obligations Arising from the Jurisprudence of the European Court of Human Rights in the Light of the Principle of Subsidiarity [PDF]
European Criminal Law Review, 2023 If the use of criminal law requires that legislators carry out empirical tests to establish the inadequacy of other available enforcement systems and the necessity of resorting to the weapon of punishment, how can the Court impose direct criminalisation obligations without resorting to similar tests? The contribution seeks to ascertain whether the case
Marco Edgardo Florio
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Criminal Justice and the Ultima Ratio Principle: need for limitation, exploration and consideration [PDF]
, 2019 Contains fulltext : 202890.pdf (Publisher’s version ) (Open Access)
Piet Hein van Kempen
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Nowa Kodyfikacja Prawa Karnego, 2021 The authors analyze new types of offenses of Art. 304 § 2 and 3 CC, focusing on the issue of normative structures derived from criminal law (and other branches of law) and their mutual relations. Assuming that due to the principle of subsidiarity (ultima ratio) of criminal law, it is not possible to prohibit conduct previously not deemed unlawful by ...
Jacek Giezek, Konrad Lipiński
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