Boundaries of Derivative Criminal Liability

  • Gabriel Hallevy


The general course and the element requirements of the derivative criminal liability forms create two opposite situations: under-inclusion and over-inclusion. Under-inclusion relates to situations in which the general rules of derivative criminal liability fail to criminalize the offense, so that although the social interest is to criminalize these situations, the general rules of derivative criminal liability fall short. To solve this problem, it is necessary to create relevant general rules that adjust derivative criminal liability to enable the criminalization of these situations.


Legal System Penal Code Criminal Liability Model Penal Code Mental Element 
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Copyright information

© Springer-Verlag Berlin Heidelberg 2012

Authors and Affiliations

  • Gabriel Hallevy
    • 1
  1. 1.Faculty of LawOno Academic CollegeKiryat OnoIsrael

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