dc.contributor.author | ÖBERG, Jacob | |
dc.date.accessioned | 2014-01-10T15:02:00Z | |
dc.date.available | 2014-01-10T15:02:00Z | |
dc.date.issued | 2014 | |
dc.identifier.citation | European Criminal Law Review, 2014, Vol. 3, No. 3, pp. 273-299 | en |
dc.identifier.issn | 2191-7442 | |
dc.identifier.uri | https://hdl.handle.net/1814/29209 | |
dc.description.abstract | This Article reviews how we should define criminal sanctions in EU law. Defining what are ‘criminal sanctions’ is a long- standing issue of criminal law which has been debated for almost a century. The term ‘criminal’ is generally used by commentators and courts to refer to sanctions of a severe nature that are intended to punish rather than simply deter or compensate in contrast to civil or administrative sanctions. The distinctions have also been drawn as a matter of procedure. Criminal proceedings are, in contrast to civil proceedings, initiated by the government or by governmental authorities rather than by private parties. They entail a higher standard of proof, different rules of discovery and evidence. Criminal proceedings further trigger certain fundamental rights such as the right to counsel, the right to a fair trial and other procedural guarantees. It is further suggested that in order for a sanction to be considered criminal, it must involve having moral-social stigma attached. | |
dc.language.iso | en | en |
dc.relation.ispartof | European Criminal Law Review | en |
dc.title | The definition of criminal sanctions in the EU | en |
dc.type | Article | en |
dc.identifier.doi | 10.5235/219174414809354837 | |
dc.identifier.volume | 3 | en |
dc.identifier.startpage | 273 | en |
dc.identifier.endpage | 299 | en |
dc.identifier.issue | 3 | en |