Victims and self-liability in criminal law: Beyond contributive negligence and foreseeability (without blaming the victim)

Victims and perpetrators interact in many different ways within criminal law. The mere fact that someone has been injured in social interaction with another individual does not mean that the law considers them "victim" and "perpetrator," because the phenomenological configuration of the case can adopt multiple forms. If we consider the external appearance of the facts of the case, the "contributions" or different behaviors of the "victim" and "perpetrator" can adopt very  different meanings. In many cases it shall be clear that the actions of the victim or perpetrator lack legal and criminal relevance. Yet, in others, the evaluation of the behaviors of the  perpetrator  and victim are not unequivocal, the behavior of both actors might be legally irrelevant or relevant.

Journal/Publisher: Pace Law Review, Volume, 28, Issue 4

Publication type: Article

Number of pages/Page range: 739-758

Language/s (content): English

Date of publication: 02-06-08

Personal data

Full name Manuel CANCIO MELIA

Current occupation Member

University/Institution Universidad Autónoma de Madrid

Address Calle Kelsen 1

Postal code 28049

Telephone 00 34 91 497 81 16/81 15

Email manuel.cancio@uam.es