WEEK 1A
Lecture outline
● Introduction
● Theories of punishment
● Legality principle
Part 1: Introduction
1. Introduction
2. Course is split in 2 separate parts (but 1 exam)
3. Topics Part A
English law
Dutch law
German law
1. Digital essay exam: closed book, two hours
2. Lecture
3. Q&A on Wednesday 11-13 hours
4. Working groups
20% review questions-knowledge
80% class questions-application
Part 2-Legality principle
Art 103 German Constitution/art 1 Criminal Code
'an act can only be punished if its criminality had been legally determined before the act was
committed.’
Art 7 sub 1 ECHR
applicable also to common law systems
, Question
A doxed the home address of her teacher who gave her a failing grade on the exam. At the
time this did not constitute an offence. => NO
1. Prohibition of retroactive effect (lex praevia)
● Prohibition of retroactive effect
-establishing punishment
● Prohibition of retroactive effect
-aggravating punishment
not allowed to apply the new law
Two reasons for the legality principle:
-fairness, it is fair that if you do something, to be punished
-instrumental function of the law, sometimes you want to change the behaviour of the
people, they want to make sure that it will happen less
you can only influence people, if they know it is wrong what they are doing
Exception: 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 punishment
● Creation of justification or excuse
2. Prohibition of vague laws (lex certa)
● Criminal statutes have to be sufficiently precise
● This standard is difficult to obtain
Vague terms cannot be avoided completely, for otherwise the legislator could not do justice to
the diversity of life, the change of conditions, and the particularities of the respective case.
● if it is too precise, it narrows the function of the law
Lecture outline
● Introduction
● Theories of punishment
● Legality principle
Part 1: Introduction
1. Introduction
2. Course is split in 2 separate parts (but 1 exam)
3. Topics Part A
English law
Dutch law
German law
1. Digital essay exam: closed book, two hours
2. Lecture
3. Q&A on Wednesday 11-13 hours
4. Working groups
20% review questions-knowledge
80% class questions-application
Part 2-Legality principle
Art 103 German Constitution/art 1 Criminal Code
'an act can only be punished if its criminality had been legally determined before the act was
committed.’
Art 7 sub 1 ECHR
applicable also to common law systems
, Question
A doxed the home address of her teacher who gave her a failing grade on the exam. At the
time this did not constitute an offence. => NO
1. Prohibition of retroactive effect (lex praevia)
● Prohibition of retroactive effect
-establishing punishment
● Prohibition of retroactive effect
-aggravating punishment
not allowed to apply the new law
Two reasons for the legality principle:
-fairness, it is fair that if you do something, to be punished
-instrumental function of the law, sometimes you want to change the behaviour of the
people, they want to make sure that it will happen less
you can only influence people, if they know it is wrong what they are doing
Exception: 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 punishment
● Creation of justification or excuse
2. Prohibition of vague laws (lex certa)
● Criminal statutes have to be sufficiently precise
● This standard is difficult to obtain
Vague terms cannot be avoided completely, for otherwise the legislator could not do justice to
the diversity of life, the change of conditions, and the particularities of the respective case.
● if it is too precise, it narrows the function of the law
