Transnational “Ne Bis In Idem” Principle and European Competition Law with Regard to the Different Approaches to Corporate Criminal Liability Among EU Member States
In the following contribution three issues are discussed. First of all, this chapter discusses the meaning and the scope of the transnational “ne bis in idem” principle in the European Union law. The second issue deals with the applicability of this principle in European competition law in particular. Last but not least, this contribution focuses on the question if and to what extent the different approaches to corporate criminal liability among the EU Member States could influence the implementation of the “ne bis in idem” principle and lead to its breach.
»Ne bis in idem« bei Sanktionen nach deutschem und europäischem Kartellrecht
Der Beitrag behandelt eine Querschnittsthematik aus dem Wettbewerbsrecht, Europarecht und Strafrecht. Ausgehend von den Gewährleistungen des ne bis in idem-Grundsatzes, werden rechtlicher Rahmen und Rechtsnatur der Sanktionen im Kartellverfahren herausgearbeitet, um auf dieser Grundlage denkbare Konstellationen von Mehrfachsanktionierungen zu beleuchten.
Deviant Women: Female Crime and Criminology in Revolutionary Russia, 1880-1930
This title examines the position of women in early Soviet society through the lens of deviance. After seizing power in 1917, the Bolsheviks initiated reforms aimed at abolishing the old way of life in Russia. A new Family Code liberalized marriage procedures, promoted communal living arrangements, and abolished the concept of illegitimacy. Other decrees legalized abortion, deregulated prostitution, and emancipated women. The Bolsheviks' Marxist ideology that guided these reforms was also behind the assertion that crime, an artifact of bourgeois capitalist exploitation, would disappear under socialism. As crime persisted, Soviet criminologists - a cohort of jurists, doctors, sociologists, anthropologists, psychiatrists, statisticians, and forensic experts - were charged with examining its causes and motives to determine the most effective methods to eliminate it. The problem of female crime occupied a prominent position in criminologists' studies. In explaining 'traditional' female crimes of the domestic sphere - infanticide, spouse murder, and petty theft, among others - criminologists pointed to the offenders' backwardness and ignorance, material circumstances, and even biology. Kowalsky examines the position of women in early Soviet society through the lens of deviance, exploring how Soviet criminologists understood female crime and how their attitudes helped shape the development of Soviet social and behavioral norms. "Deviant Women" looks at the emergence of criminology in early Soviet Russia, tracing the development of principles and theories - in particular of female deviance - and highlighting the ways in which criminologists were able to conduct innovative social science research under the constraints of Bolshevik ideology. Kowalsky then focuses on the analyses of female crime and criminologists' attitudes concerning sexuality, geography, and class. Concluding with a close study of infanticide, the most 'typical' crime committed by women, Kowalsky discusses the social attitudes that were revealed in the professional discussion of this crime. Historians of modern Russia and the USSR, scholars of gender studies, and those studying criminology will be fascinated by this original study.