A new test for Mens Rea? Safeguarding legal certainty in European Area of freedom, security and justice

Legal Certainty is considered a prerequisite for a fair criminal justice system in all European legal orders. The principle of mutual recognition puts this principle at a risk, for instance, by abolishing the dual criminality requirement. The paper analyses different remedies for this problem, and argues for a solution in substantive law: A new test for mens rea, which rests on the establishment of a reasonable duty to learn and be aware of foreign laws. Thus, the risk of ignorance of foreign laws no longer rests with the individual alone.

Journal/Publisher: European Criminal Law Review

Publication type: Article

Number of pages/Page range: 114-122

Language/s (content): English

Date of publication: 01-06-11

Personal data

Full name Sabine GLESS

Current occupation Management Committee and Contact Point

University/Institution University of Basel

Address Peter Merian-Weg 8 Postfach

Postal code 4002

Telephone +41 (0)61 267 28 73

Fax +41 (0)61 267 25 48

Email sabine.gless@unibas.ch