Joint criminal enterprise (JCE) is a theory of liability that has been most extensively elaborated on by the prosecutors, defense attorneys and judges at the International Criminal Tribunal for the former Yugoslavia (ICTY). Although JCE has several forms, it essentially requires the prosecution to prove: that a group of people had a common plan, design, or purpose to commit a crime, that the defendant participated in some way in the plan and that the defendant intended the aim of the common plan. If the prosecution proves these elements, the accused can be convicted of all completed crimes within the scope of the common plan, as well as all crimes that he did not intend but that were a foreseeable consequence of the common plan.The study examines the majority jurisprudence on the legal issues.
Il modello della Joint Criminal Enterprise nel diritto penale internazionale
PASCULLI, MARIA ANTONELLA
2009
Abstract
Joint criminal enterprise (JCE) is a theory of liability that has been most extensively elaborated on by the prosecutors, defense attorneys and judges at the International Criminal Tribunal for the former Yugoslavia (ICTY). Although JCE has several forms, it essentially requires the prosecution to prove: that a group of people had a common plan, design, or purpose to commit a crime, that the defendant participated in some way in the plan and that the defendant intended the aim of the common plan. If the prosecution proves these elements, the accused can be convicted of all completed crimes within the scope of the common plan, as well as all crimes that he did not intend but that were a foreseeable consequence of the common plan.The study examines the majority jurisprudence on the legal issues.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
