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Criminal Law (Fach) / Principles of Punishment (Lektion)
14 Principles
Diese Lektion wurde von aselzer erstellt.
Diese Lektion ist leider nicht zum lernen freigegeben.
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- Principle of Legality/Nullum crimen, nulla poena sine lege. There cannot be a crime or a punishment without a law.
- Lex Scripta The law has to be written and it is not possible to create rules orally. (Also not possible to apply custom as criminal law.)
- Lex Scripta The law has to be written and it is not possible to create rules orally. (Also not possible to apply custom as criminal law.)
- Lex Stricta The law is going to establish the elements that constitute a criminal conduct and this has to be done in a strict way.It is not possible to apply anology in Malam Partem, only in Bonam Partem (if it is in favour of the convict).
- Lex Previa It is necessary that the criminal law that is applied to a criminal conduct has been stated previously to the commission of the crime. Retroactivity is only possible if it is in favour of the convict.
- Lex Certa Laws have to be drafted in a very clear way; they cannot be confusing.
- Blank Law Laws in which a criminal conduct is not described entirely and it has to be referred to a non-criminal law in order to define a criminal conduct. The substantive part of the criminal conduct, however, has to be contained in the criminal law.
- Principle of Proportionality When drafting a punishment one has to take into account the seriousness of the conduct. It needs to be proportionate to other punishments and conducts.
- Principle of Culpability The convict has to act with a sense of guilt, has to be able to understand the effect of his/her actions and has to have the abolity to avoid the commission of the conduct.
- Principle of Equality Criminal law must be applied to everyone in the same way. Exceptions: minors, mentally disabled, foreigners, crimes specific to certain persons (eg.: murder of head of state), etc.
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- Principle of Personality The criminal law has to be applied to the person who committed the crime.
- Principle of Humanity The dignity of the person has to be guaranteed at any moment.
- Principle of Minimum Intervention A punishment according to criminal law is only justified if it guarantees the protection of certain legal goods. Criminal law is the last resort that should be referred to in a legal system. (--> There has to be a minimum intervention of criminal law in a legal system.)
- Ne bis in idem. You cannot be judged twice for the same crime. (No double-jeopardy)
- Principle of Guilt A person shall be brought to criminal responsibilty only for those criminal acts in which his/her guilt has been established.