PENALTY
LexInter | May 4, 2017 | 0 Comments

PENALTY

Penalty

Penalty provided by law in order to dissuade the commission of offenses and if the offense is committed to punish it

Nulla poena sine lege

There is no penalty except by virtue of the law: this is the Latin expression of the principle of legality of penalties.

This principle appears in Article 4 of the Declaration of the Rights of Man and of the Citizen.

It is provided for by article 7 of the ECHR:  “No punishment without law  ”

1.No one may be condemned for an act or an omission which, at the time it was committed, did not constitute an offense under national or international law. Likewise, no more severe penalty is imposed than that which was applicable at the time when the offense was committed.
2 .This article shall not affect the judgment and punishment of a person guilty of an act or omission which, at the time it was committed, was criminal according to the general principles of recognized law. by civilized nations

This principle applies to crimes and misdemeanors while contraventions can be fixed by the regulatory power (articles 34 and 37 of the constitution).

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