Conflicts of duties periodically arise in criminal law theory and practice. However, legislations generally fail to address the topic directly, and textbooks traditionally devote little, if any, attention to it. Scholarly discussion is also rare, especially in the Anglo-American world, where the issue is often merely touched upon in the context of the broader debate on possible limitations to the protection of human life based on the defence of necessity. In a similar vein, according to the overwhelming legal opinion in Germany, conflicts between a duty to act and a prohibition to perform an act amounting to a criminal offence should be resolved under the general principle of necessity, whereas an autonomous solution would only be required in the case of a clash between two duties to act.
Conflict of duties
Viganò, Francesco
2024
Abstract
Conflicts of duties periodically arise in criminal law theory and practice. However, legislations generally fail to address the topic directly, and textbooks traditionally devote little, if any, attention to it. Scholarly discussion is also rare, especially in the Anglo-American world, where the issue is often merely touched upon in the context of the broader debate on possible limitations to the protection of human life based on the defence of necessity. In a similar vein, according to the overwhelming legal opinion in Germany, conflicts between a duty to act and a prohibition to perform an act amounting to a criminal offence should be resolved under the general principle of necessity, whereas an autonomous solution would only be required in the case of a clash between two duties to act.File | Dimensione | Formato | |
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