<abstract xmlns="http://www.w3.org/1999/xhtml">

<p>Criminally relevant conduct often falls under several criminal precepts, regulating as many criminal notions as possible, and it is necessary to decide whether all, some or only one of them could be applicable. This phenomenon, termed ‘conflict’, occurs when a subject’s actions with criminal relevance are, wholly or partially, subsumed under different criminal precepts. To definitively classify the punishable act, it is then necessary to take a further step, which can be considered conclusive, and determine the precept or precepts applicable to the act. Hence, this paper analyses the meaning, content, and application of the conflict of laws and conflict of rules.</p>
</abstract>

Criminally relevant conduct often falls under several criminal precepts, regulating as many criminal notions as possible, and it is necessary to decide whether all, some or only one of them could be applicable. This phenomenon, termed ‘conflict’, occurs when a subject’s actions with criminal relevance are, wholly or partially, subsumed under different criminal precepts. To definitively classify the punishable act, it is then necessary to take a further step, which can be considered conclusive, and determine the precept or precepts applicable to the act. Hence, this paper analyses the meaning, content, and application of the conflict of laws and conflict of rules.

Key Elements of the Criminal Law Conflict System, with Special Reference to Spanish Criminal Law

Ius Novum

This work is licensed under the Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License.

Criminally relevant conduct often falls under several criminal precepts, regulating as many criminal notions as possible, and it is necessary to decide whether...

Key Elements of the Criminal Law Conflict System, with Special Reference to Spanish Criminal Law

Publié en ligne: 30 juin 2023

Pages: 1 - 18

DOI: https://doi.org/10.2478/in-2023-0018

Mots clés
Spanish Criminal Code, conflict of laws, conflict of rules

© 2023 Lazarski University, published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License.

Key Elements of the Criminal Law Conflict System, with Special Reference to Spanish Criminal Law

Publié en ligne: 30 juin 2023

Pages: 1 - 18

DOI: https://doi.org/10.2478/in-2023-0018

Mots clésSpanish Criminal Code, conflict of laws, conflict of rules

© 2023 Lazarski University, published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License.

Mots clés
Spanish Criminal Code, conflict of laws, conflict of rules