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The denial of procedural safeguards in trials for regulatory offences: a justification

Picinali, Federico (2016) The denial of procedural safeguards in trials for regulatory offences: a justification. Criminal Law and Philosophy. ISSN 1871-9791

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Identification Number: 10.1007/s11572-016-9400-y

Abstract

Regulatory offences are a complex phenomenon, presenting problematic aspects both at the level of criminalisation and at the level of enforcement. The literature abounds in works that study the phenomenon. There is, however, an aspect that has remained largely unexplored. It concerns the relationship between the regulatory framework within which the crime occurs and the procedural safeguards that defendants normally enjoy at trial or at the pre-trial stage: defendants tried for regulatory offences are often denied safeguards that are generally considered as important constituents of trial fairness. Relying on a new conceptualisation of regulatory offences, this paper advances a theory that justifies these exceptional rulings.

Item Type: Article
Official URL: http://link.springer.com/journal/11572
Additional Information: © 2016 Springer International Publishing AG
Divisions: Law
Subjects: H Social Sciences > H Social Sciences (General)
Sets: Departments > Law
Date Deposited: 24 May 2016 09:51
Last Modified: 20 Aug 2021 01:00
URI: http://eprints.lse.ac.uk/id/eprint/66622

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