Law 2101 Study Guide - Quiz Guide: Mens Rea, Marital Rape, European Court Of Human Rights
Document Summary
The principle of legality requires that an act can only be prohibited by criminal law when there is a provision that punishes this behaviour ( nulla poena sine lege"). Lex scripta: judges have to rely on written statutes and not on customary law. Thus criminal law can only be a written statute. Lex certa: the law has to be stated precisely so that citizens can understand the wording and see what is prohibited. This however happens very rarely, courts prefer to interpret abstract terms themselves rather than declaring it void. Further, this principle requires that criminal law has to be made accessible for the public. Lex stricta: courts are not allowed to interpret statutes too broadly. This causes a problem with analogical interpretation (transfer of meaning from one thing to another), which is prohibited. Lex praevia: criminal liability cannot be attributed in a retroactive manner.
