Year: 2021
Type: article
Abstract: The law knows an exception to almost every rule. In general, one should only digress from its general principles as far as the individual case requires. The need for uniform treatment of cases is more than a mere dogma; much rather is it precisely the consistent application of a rule that guarantees equal treatment of equal matters. Therefore, it is for jurisprudence to reveal contradicting evaluations of cases and try to standardize them. Accordingly, any deviation from the general participation model by the model of participation in special offences appears to require justification. This paper analyses this particular problem from the Austrian perspective.
Author: Sebastian Mayr
Institution: University of Salzburg
Language: English
Topic: Criminal Law and Policy
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: hybrid
OpenAlex ID: W7125697174