After clarifying the distinction between mistakes of fact and mistakes of law, this article explores in detail an important distinction within the category of mistake of law, between mistake about the criminal law itself and mistake about noncriminal law norms that the criminal law makes relevant—for example, about the civil law of property (in a theft prosecution) or of divorce (in a bigamy pr...

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While in several jurisdictions corporate criminal liability is accepted, in Brazil the maxim still prevails that corporations cannot commit crimes. In common law countries the attribution of criminal liability to corporations was developed more than a century ago, and the concept of corporate criminal liability has been extensively discussed. This work is an attempt to look into the common law ...

Background: There are many cases in which the accused does not deserve to be detained and is detained without observing the legal terms and conditions or imprisoned due to a judicial error. In such cases, compensation for an innocent detainee is an important issue that needs to be addressed due to the violation of the fundamental rights of individuals. Therefore, the purpose of the present stud...

There is a significant need to understand the law that relates to credit cards, both civil and criminal, especially, in the context of ever increasing credit card frauds, and the way in which the civil law has contributed to it, and the insufficient way in which the criminal law has sought to combat it. It cannot be denied that credit card misuse is a global problem. It will also indicate some ...

SA Crime QuArterly No. 54 • DeC 2015 * Camilla Pickles is a doctoral candidate at the Centre for Child Law, Department of Private Law, University of Pretoria. This article is inspired by recent legal developments in Latin America. In Venezuela, the Organic Law on the Right of Women to a Life Free from Violence (2007) recognises obstetric violence as a form of violence that health personnel infl...

How should criminal law be taught to first-year law students? Professors preparing their classes for the first time, and even veterans of many semesters of criminal law, find themselves facing a dilemma. On the one hand, the common law is no longer good ―law‖ in nearly every state; it has been superseded by statute. 1 Even states that leave a large role for the common law usually have a combina...

In Canada, the Assisted Human Reproduction Act received royal assent on 29 March 2004. The approach proposed by the federal government responds to Canadians' strong desire for an enforceable legislative framework in the field of reproduction technologies through criminal law. As a result of the widening gap between the rapid pace of technological change and governing legislation, a distinct nee...