Have a personal or library account? Click to login
The Attack on the Protected Legal Interest: A Criminalisation Principle and an Element of the Criminal Offence? Cover

The Attack on the Protected Legal Interest: A Criminalisation Principle and an Element of the Criminal Offence?

Open Access
|Jun 2023

Abstract

This paper analyses the role played by the notion of legal interest as a criterion for decisions on criminalisation and, according to some scholars, as an element of criminal offence. First, the analysis tallies the impact of legal interest on criminal policy, focusing on the correlation between this concept’s definition and underlying political theories. Subsequently, the article explores difficulties of using legal interest as an interpretative canon to determine whether the offender’s deed can be deemed materially unlawful.

Language: English
Page range: 19 - 31
Published on: Jun 30, 2023
Published by: Lazarski University
In partnership with: Paradigm Publishing Services
Publication frequency: 4 issues per year

© 2023 Javier Gómez Lanz, published by Lazarski University
This work is licensed under the Creative Commons Attribution-NonCommercial-ShareAlike 4.0 License.