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Requirements for Criminal Law
Requirements for Criminal Law

Author(s): Ervin Belovics
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: prohibition of analogy; rule of law guarantees in criminal law; legal certainty; justifiable defence; equity; retroactive force (ex tunc temporal scope); ultima ratio;

Summary/Abstract: The study is focusing on the rule of law requirements for criminal substantive law. The fundamental aspects of the rule of law guarantees for criminal substantive law gained attention after the change in the political regime. It was in the resolutions of the Constitutional Court in particular where the basic principles that are the indispensable prerequisites of the rule of law started to appear. Resolving the confrontation between legal certainty and equity gave a permanent task for the Constitutional Court after the political changes. Upon examining decisions with criminal law aspects – as well as analysing the German legal practice – the author expresses his opinion of disagreement. Throughout the introduction of fundamental criminal law principles, the author analyses them in details and also synthesizes the consequences resulting f rom t hem. In the final part of the essay, the author is looking for an answer whether the expectations that governments should protect their citizens from others by providing legal shelter for them against the actions of unlawfully acting wrongdoers is a criterion of the rule of law principle.

  • Issue Year: 2020
  • Issue No: 01
  • Page Range: 136-147
  • Page Count: 11
  • Language: English