A Modern Treatise on the Principle of Legality in Criminal Law doc

[...]... proof.61 In American law the principle of legality is considered to be one of the basic foundations of criminal law At the heart of the principle of legality in U.S criminal law is the linkage between the courts and the legislator through application of the criminal law One of the basic rules of the principle of legality in American law is that a vague criminal norm is void (“void for vagueness”).62 Initially,... according to the law of the land.20 But this article does not relate to the exact formulation of the law of the land in the crucial questions of the modern principle of legality Although Article 39 played a significant role in strengthening the rule of law in England, it was not adequate to establish the principle of legality in criminal law. 21 The modern principle of legality originates in the insights of. .. Meaning and Structure of the Principle of Legality in Criminal Law Currently, the United States Constitution exerts its in uence over the principle of legality in criminal law through the Fifth and Fourteenth amendments.64 Under the in uence of constitutional insights,65 American criminal law also embraced rules of strict construction in the interpretation of the criminal norm in favor of the defendant.66... contains only valid conditional clauses A valid conditional clause that is part of the criminal norm contains the components necessary to impose criminal liability on the offender Some of these components may be satisfied by the norms of other general criminal laws For most offenses, the valid conditional clause of the criminal norm includes the components of the factual element (actus reus) and the. .. Provisions Fig 1.2 The structure of criminal law theory principle of legality shapes the general rules by which the criminal norm applies to individuals.13 Because the principle of legality has to do with the applicability of the criminal norm, it relates to criminality in abstracto, not in concreto Criminality in abstracto means analyzing the criminal norm in abstract terms, irrespective of individual... Structure of the Principle of Legality in Criminal Law Contents 1.1 1.2 The Role of the Principle of Legality in the Criminal Law Theory 1.1.1 The Basic Structure of Criminal Law Theory 1.1.2 The Basic Structure of the Principle of Legality in Criminal Law Development of the Principle of Legality in Criminal Law and Its Modern. .. through criminal law Thus, the individual exercises the principle of legality as a defense argument.39 In European-Continental legal systems, the principle of legality can also function as an offensive weapon.40 In these legal systems, equality is a value that cannot be easily disregarded, and whenever the criminal law is applied to an individual, the principle of legality requires the same application... a legitimate method of interpretation of the criminal norm.49 German criminal law embraced two additional applications of the principle of legality First is the secondary principle of subsidiarity (Subsidiarit€tsprinzip), a whereby criminal law is exercised only as a last resort (ultima ratio), when all other options are not relevant in a given case.50 Second is the secondary principle of protection... requirements of the mental element (mens rea) If all required components of the criminal norm are present, the criminal sanction may be imposed on the offender 2.1.2 Criminal Sanction The result of a valid conditional clause is a criminal sanction, which is an integral part of the criminal norm There is no doubt about the centrality of the sanction within criminal law. 5 Most legal systems refer to this area of. .. and Structure of the Principle of Legality in Criminal Law ´ ´ Constitution and in Article 4 of Code Napoleon, in 1810.45 Code Napoleon served as the legal basis for many other criminal codes in the nineteenth century, including the Bayern criminal code of 1813, the Prussian criminal code of 1851, and the German penal code of 1870.46 In Germany, the principle of legality (Gesetzlichkeitsprinzip) was . Preface Contents 1 The Meaning and Structure of the Principle of Legality in Criminal Law 1 1.1 The Role of the Principle of Legality in the Criminal Law Theory. 95 xvii . Chapter 1 The Meaning and Structure of the Principle of Legality in Criminal Law Contents 1.1 The Role of the Principle of Legality in the Criminal Law Theory