Rights in Criminal Law

An examination of the role of individual claims in criminal law

Project leader: Moser, Elias

Duration: 05.10.2021 - 31.12.2024

Funded by: other

Third-party funded project (§§ 26-28 UG) (ongoing)

 

Project description:

According to the general view in criminal law theory, compliance with legal obligations is not the responsibility of the persons protected by the law, but of the state. Therefore, criminal law theorists rarely consider individuals as holders of normative claims against each other, but merely as beneficiaries of restrictions. Contrary to the prevailing view, our aim is to explore the argumentative and theoretical space to show that individual rights play a central role in criminal law. We ask questions about the possibility, nature and normative implication of rights in criminal law:

- Is the violation of rights the reason for criminalizing conduct?

- To whom do legal subjects owe compliance with criminal law provisions?

In doing so, we touch on various topics of legal theory and legal ethics, such as legal theories, justification of punishment, delimitation of criminal and tort law, restorative justice, victims' rights in proceedings or consent in criminal law.

 

Rights in Criminal Law in the research portal of the University of Graz