Substansive criminal law

7 important questions on Substansive criminal law

What is sword and shield function eu law?

Sword function of europeanm law: obligation to incriminate and to punish this is read in the convention.
Shield function of european law: invoking european law as a defence against national               criminal law.

What is the eu commission of human rights?

The precourt of human rights, the eu comission of human rights decided here. This was like a You had to get through this to get to the court. It is now abolished.

What is the scope of art.4 what is slavery and what is servitude?

.Slavery = status or condition of person over whom any or all of powers attaching to right of ownership are exercised
Servitude: obligation to provide one’s services that is imposed by coercion, and is to be linked with concept of “slavery” 
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What are the lessons from mc v. Bulgarie

- Positive obligations of ms is to criminate and that human rights have horzontal rights.human rights not just protection against the state but also individuals against eachother.
- It is victim orientated, the right of the victim is the reason that the court said that states have to use crimnal law. all other states know that they cant use violence as an rape bewijs. it is deprived from art.8 right to private right.
-Active court evolving interpretion, echr as living instrument.

Legal persons obligation under eu law?

Certain forms of sanctions criminal law requires quilt germany doesnt want it because a legal person cant have guilt. There is no obligation to have legal personalities in criminal law.

What does eu law says about accomplice and attempt


Aiding and abetting – Incitement
E.g. Art. 3 Dir. on Trafficking in Human Beings

Art. 4 Dir. Protection Environment through Criminal Law
‘Member States shall ensure that inciting, aiding and abetting the intentional conduct referred to in Article 3 is punishable as a criminal offence
Every country has another definition. Same with attempt it needs to be punishable but eu doesnt say how.

What is a diffrence between smuggling and trafficking?

Trafficing doesnt mean smuggling people. Basically trafficking is when people are treated as object, like sell play with. You deny them their human rights freedom is a big element like choosing your own clients in prostitution.

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