the european convention on human rights
ART. 7
"nulla poena sine lege"
It's a Latin legal maxim that translates to "no punishment without law" in English. This principle is a fundamental concept in criminal law, emphasizing that a person CANNOT be punished for an act UNLESS there is a law that defines the act as a crime and prescribes a penalty for it.
SINE LEGE
NULLA POENA
It means “without law” and it emphasizes that laws must be in place before an act occurs, and individuals should have notice of the prohibited behavior and potential consequences.
It means “no punishment” and it asserts that no penalty or punishment can be imposed on an individual unless they have violated an existing law.
WHAT DOES IT SAY?
1. No one shall be held guilty of any criminal offence on
account of any act or omission which did not constitute a criminal
offence under national or international law at the time when it
was committed. Nor shall a heavier penalty be imposed than
the one that was applicable at the time the criminal offence was
committed.
2. This Article shall not prejudice the trial and punishment of
any person for any act or omission which, at the time when it was
committed, was criminal according to the general principles of
law recognised by civilised nations.
in other words
It serves as a safeguard against arbitrary punishment and is a foundational principle of the rule of law. It ensures that individuals are aware of what is considered a crime and the consequences of engaging in such conduct. It helps prevent retrospective laws or retroactive application of criminal laws, which would violate the principles of fairness and legal certainty.
HUMAN RIGHTS INFO
mari
Created on November 12, 2023
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Transcript
the european convention on human rights
ART. 7
"nulla poena sine lege"
It's a Latin legal maxim that translates to "no punishment without law" in English. This principle is a fundamental concept in criminal law, emphasizing that a person CANNOT be punished for an act UNLESS there is a law that defines the act as a crime and prescribes a penalty for it.
SINE LEGE
NULLA POENA
It means “without law” and it emphasizes that laws must be in place before an act occurs, and individuals should have notice of the prohibited behavior and potential consequences.
It means “no punishment” and it asserts that no penalty or punishment can be imposed on an individual unless they have violated an existing law.
WHAT DOES IT SAY?
1. No one shall be held guilty of any criminal offence on account of any act or omission which did not constitute a criminal offence under national or international law at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the criminal offence was committed. 2. This Article shall not prejudice the trial and punishment of any person for any act or omission which, at the time when it was committed, was criminal according to the general principles of law recognised by civilised nations.
in other words
It serves as a safeguard against arbitrary punishment and is a foundational principle of the rule of law. It ensures that individuals are aware of what is considered a crime and the consequences of engaging in such conduct. It helps prevent retrospective laws or retroactive application of criminal laws, which would violate the principles of fairness and legal certainty.