Law 2101 Study Guide - Quiz Guide: Judicial Interpretation
Document Summary
Two types of mixed theories: retribution constitutes the general justification for punishment. However, the demands of retribution are mitigated through utilitarian considerations in the sense that in order to realize certain goals of punishment, there should be less punishment than demanded on the grounds of retribution. Deals with the concept of time and it prohibits both the legislator and the judge to draft and apply respectively criminal liability in a retroactive manner. Addressed to the courts and it obliges the judges to base criminal liability only on written statutes as opposed to customary laws. Customary, religious or moral rules of a community must not form the basis for criminal liability. Requires to be based only on parliamentary criminal statue. (lex. European directives must therefore be implemented into national statues before they can be used. Requires that criminal liability be described in a precise manner so that citizens can understand from the wording of the norm, what is prohibited.
