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2020 (2)

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Mens rea in EU antitrust law : When intentions matter
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ISBN: 9403523557 9403523549 Year: 2020 Publisher: Alphen aan den Rijn, The Netherlands : Kluwer Law International B.V.,

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Abstract

The maxim actus non facit reum nisi mens sit rea expresses the idea that someone who committed an act prohibited by the criminal law can generally only be punished if he or she did so with a specific state of mind. The most serious offences are normally considered those that involve an intention to conduct oneself unlawfully or to cause an unlawful result. Usually the knowledge of the material elements of the offence is equated with intention. Even for strict liability and negligent offences, the perpetrator's mental state is relevant as an aggravating or attenuating circumstance when meting out punishment. This dissertation analyses whether EU antitrust law takes this element into account and whether it should do so.


Book
Guilty acts, guilty minds
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ISBN: 0190924357 0190924330 Year: 2020 Publisher: New York, NY : Oxford University Press,

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'You can't be convicted of a crime without a guilty act and a guilty mind.' A lawyer might express the same idea using Latin: 'You can't be convicted of a crime without actus reus and mens rea.' 'Guilty Acts, Guilty Minds' proposes an interpretation of mens rea and actus reus as limits on the authority of a democratic state to ascribe guilt through positive law to those accused of crime.

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