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24 Crim. L.F. 1 (2013)

handle is hein.journals/crimlfm24 and id is 1 raw text is: Criminal Law Forum (2013) 24:1-48 © Springer 2012 DOI 10.1007/s10609-012-9187-z MOHAMED ELEWA BADAR* and IRYNA MARCHUK** A COMPARATIVE STUDY OF THE PRINCIPLES GOVERNING CRIMINAL RESPONSIBILITY IN THE MAJOR LEGAL SYSTEMS OF THE WORLD (ENGLAND, UNITED STATES, GERMANY, FRANCE, DENMARK, RUSSIA, CHINA, AND ISLAMIC LEGAL TRADITION) ABSTRACT. The purpose of this survey is to examine the underlying principles of criminal responsibility in selected common law and continental law jurisdictions as well as in the Islamic legal tradition through the lens of comparative law (legal jurisdictions of England, Canada, United States, Germany, France, Denmark, Russia and China are subject to the legal analysis). By conducting a comprehensive legal analysis of the concept of crime in selected legal jurisdictions, this study reveals the common legal features per- tinent to the concept of crime that are shared by the major legal systems of the world. Particular attention has been given to the thorny and much debated area of the subjective element of a crime and the standards employed to demarcate between intentional and negligent conduct. Turning to comparative law as an invaluable tool of legal analysis, the study demonstrates that there are more common characteristics than originally anticipated regarding the concept of crime, as well as the basis of the principle of culpability in such major legal systems. I INTRODUCTION The main purpose of criminal law is to protect universally recog- nized values, which is in itself an invitation to the employment of a * Senior Lecturer in International and Comparative Criminal Law, Director of Undergraduate Studies, Deputy Director, Centre for International and Public Law (CIPL), Brunel Law School, Brunel University, London. Former Judge and Senior Prosecutor, Egyptian Ministry of Justice (1997-2006). PhD, NUI, Galway, Ireland; LL.M, NUI, Galway; Bachelors of Law & Police Sciences, Police Academy, Police College, Egypt. mohamed.badar@brunel.ac.uk. * * Lecturer in International Criminal Law and Procedure, Assistant Professor at the Faculty of Law, University of Copenhagen (Denmark). PhD, University of Copenhagen, Denmark; LL.M, Lund University, Sweden; Advanced Law Degree, National Law Academy, Kharkiv, Ukraine. Iryna.Marchuk@jur.ku.dk.

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