Crime against Justice on the French and German Criminal Law

Abstract

This article is devoted to the issues of liability for criminal acts against justice in the criminal law of France and Germany. The authors examine the conceptual features of the model of criminal liability for criminal acts against justice in each of the specified legal orders. The article concludes that there are different approaches to establishing liability for criminal acts against justice in French and German criminal law. The French model of criminal liability for criminal encroachments on the interests of justice assumes the inclusion in the latter of not only the acts of individuals participating in legal proceedings, but also the acts of officials committed in connection with the administration of justice. Also, in the criminal law of France, criminal acts against the interests of justice include encroachments on the health and other benefits of both officials and individuals, if these acts are committed in connection with the administration of justice. The German model of criminal liability for criminal acts against justice is based on a narrow approach, according to which criminal attacks on justice are limited to acts of private individuals participating in various types of legal proceedings.

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