Optimizing Criminal Liability. Post-Factum Impunity Clauses – Useful Criminal Policy Tool or Substantive Law Hesitancy?
Optimizing Criminal Liability. Post-Factum Impunity Clauses – Useful Criminal Policy Tool or Substantive Law Hesitancy?

Summary/Abstract: Criminal law provides a variety tools for optimizing the scope of eventual criminal liabilityof an individual. Some of them are associated with the act’s or perpetrator’s featuresthat determine due to axiological reasons the lack or strong reduction of liability. Thereis however another category of instruments that determine the lack of liability based ona behavior of a perpetrator undertaken after the crime has been committed. What is therationalization behind such a peculiar solution? Why the legislature considers it as a usefultool? In this paper some threads of that rationalization are analyzed and explained.

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