Concept

Nulla poena sine lege

Summary
Nulla poena sine lege (Latin for "no penalty without law", Anglicized pronunciation: 'nʌlə_'piːnə_'saɪniː_'liːdʒiː ) is a legal principle which states that one cannot be punished for doing something that is not prohibited by law. This principle is accepted and codified in modern democratic states as a basic requirement of the rule of law. It has been described as "one of the most 'widely held value-judgement[s] in the entire history of human thought. In modern European criminal law, e.g. of the Constitutional Court of Germany, the principle of nulla poena sine lege has been found to consist of four separate requirements: Nulla poena sine lege praevia There is to be no penalty without previous law. This prohibits ex post facto laws, and the retroactive application of criminal law. It is a basic maxim in mainland European legal thinking. It was written by Paul Johann Anselm Ritter von Feuerbach as part of the Bavarian Criminal Code in 1813. Nulla poena sine lege scripta There is to be no penalty without written law. That is, criminal prohibitions must be set out in written legal instruments of general application, normally statutes, adopted in the form required by constitutional law. This excludes customary law as a basis of criminal punishment. Nulla poena sine lege certa There is to be no penalty without well-defined law. This provides that a penal statute must define the punishable conduct and the penalty with sufficient definiteness. This to allow citizens to foresee when a specific action would be punishable, and to conduct themselves accordingly, a rule expressed in the general principle of legal certainty in matters of criminal law. It is recognised or codified in many national jurisdictions, as well as e.g. by the European Court of Justice as a "general principle of Union law". Nulla poena sine lege stricta There is to be no penalty without exact law. This prohibits the application by analogy of statutory provisions in criminal law. One complexity is the lawmaking power of judges under common law.
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