Criminal Law
, Criminal Law
Part A- Substantive
Part B- Procedural
, & eek 1- CRIMINAL
LAW-PARTE
Legality Principle
> Art
-
103 German Const. 1 a r t1 . CC
An ac t punishable if i ts
criminality had been
·
can only b e
legally determined before the act was committed
>
-
Art7 ECHR
No shall
one be held
guilty of any criminal offence on
account o ac t which did constitute criminal
any not a
offence under national or international law at the
time it was committed
1 .
Prohibition of retroactive effect (lex praevial
·
prohibition of retroactiv effect
establishing punishment
·
prohibition of retroactive effec t
aggravating punishment
Exceptio - > lex mitior clause
if the law effective at the time of the
completion of the offence is
changed before the judgement ,
the most lenient law is to
be applied
·
Cancellation or restriction of a criminal provision
·
mitigation of the punishment
·
new grounds of justification or excuse
.
2 prohibition of vegue laws clex cer tal
·
Criminal Statutes have t o be sufficiently precise
·
however , difficult to
fully obtain
> cannot
-
fully be avoided
, .
3 prohibition of
analogy (lex Stricta
-
the application of a rule to cases that a r n o t covered any m o re
by th statutes' wording ,
but whos inclusion into the role's
range of application is indicated by the sense a purpose
of theStatute
4.
prohibition of Customary laws Clex Scriptas
·
courts should base criminal liability only on written statutes
as opposed to customary laws
jostification of punishment
What is ponishment ?
·
it is assumed to be unpleasent for the recipient
·
infliction is intentional
·
response to breaking the law
Retributivism v S utilitarianism
_
-
punishment is deserved ·
punishment is usefol
deontological consequentialistic
· ·
·
backward-looking ·
forward looking
punishment is good punishment is evil
·
·
Positiv retributivism
vS
Negative
-
positive
the guilty most be punished to the extent of their deserts
Negative
-
the guilty may be punished to the extent of their deserts
, Criminal Law
Part A- Substantive
Part B- Procedural
, & eek 1- CRIMINAL
LAW-PARTE
Legality Principle
> Art
-
103 German Const. 1 a r t1 . CC
An ac t punishable if i ts
criminality had been
·
can only b e
legally determined before the act was committed
>
-
Art7 ECHR
No shall
one be held
guilty of any criminal offence on
account o ac t which did constitute criminal
any not a
offence under national or international law at the
time it was committed
1 .
Prohibition of retroactive effect (lex praevial
·
prohibition of retroactiv effect
establishing punishment
·
prohibition of retroactive effec t
aggravating punishment
Exceptio - > lex mitior clause
if the law effective at the time of the
completion of the offence is
changed before the judgement ,
the most lenient law is to
be applied
·
Cancellation or restriction of a criminal provision
·
mitigation of the punishment
·
new grounds of justification or excuse
.
2 prohibition of vegue laws clex cer tal
·
Criminal Statutes have t o be sufficiently precise
·
however , difficult to
fully obtain
> cannot
-
fully be avoided
, .
3 prohibition of
analogy (lex Stricta
-
the application of a rule to cases that a r n o t covered any m o re
by th statutes' wording ,
but whos inclusion into the role's
range of application is indicated by the sense a purpose
of theStatute
4.
prohibition of Customary laws Clex Scriptas
·
courts should base criminal liability only on written statutes
as opposed to customary laws
jostification of punishment
What is ponishment ?
·
it is assumed to be unpleasent for the recipient
·
infliction is intentional
·
response to breaking the law
Retributivism v S utilitarianism
_
-
punishment is deserved ·
punishment is usefol
deontological consequentialistic
· ·
·
backward-looking ·
forward looking
punishment is good punishment is evil
·
·
Positiv retributivism
vS
Negative
-
positive
the guilty most be punished to the extent of their deserts
Negative
-
the guilty may be punished to the extent of their deserts
