Duress (England and Wales)
As duress ( English , forced ') is referred to in Criminal Law of England and Wales , a defense (defense plea). It is not regulated by law, but only exists as common law . It exists in two forms: as duress by threats and duress by circumstance. Duress by threats is a classic duress objection if the perpetrator, when committing the act, acted under the impression of a threat of death or serious bodily harm (death or serious bodily harm) . Since English law prevailing opinion emergency, so the rescue of a majority interest by the sacrifice of another as a necessity rather than defense permits, has since the 1980s next to the duress -Einrede also duress by circumstance as defense established: This decides the offender himself a criminal offense due to external circumstances.
literature
- Volker Helmert: The definition of a criminal offense in Europe . Duncker & Humblot, Berlin 2011, B. The definition of criminal offenses in England, p. 120-122 .
- Nicola Padfield: Criminal law . 7th edition. Oxford University Press, Oxford 2010, ISBN 978-0-19-958204-4 .
Individual evidence
- ↑ Volker Helmert: The concept of criminal offenses in Europe . Duncker & Humblot, Berlin 2011, p. 120-122 .
