Pregledni rad
https://doi.org/10.3935/zpfz.73.1.04
Lex Certa in Comparative Law
Ivan Vukušić
; Pravni fakultet Sveučilišta u Splitu, Split, Hrvatska
Sažetak
The paper analyzes the part of the principle of legality that refers to the demand of nullum crimen nulla poena sine lege certa. Given the controversies that this term carries with it and the different legal systems and their specifics, the uniqueness of the concept and content of the lex certa in different legal orders is explained. In U.S. law, emphasis is placed on the 5th Amendment, which proclaims a due process clause which the criminal legislator must consider. In UK law the emphasis is on the notion of certainty. This maxim starts from the individual freedom of the addressee as to how he will adjust his behaviour and legal determinations. In political law, legal certainty is analyzed through the rule of law. In EU law, where criminal jurisdiction is limited, the principle of certainty is considered a “double addressed norm” which binds the EU and the national legislator. In the law of the CoE, through the practice of the ECtHR, the notion of the definition of a criminal offense, clarity and predictability, and the manner of providing legal advice is elaborated in detail.
Ključne riječi
criminal law; lex certa; United States of America; United Kingdom; European Union; Council of Europe
Hrčak ID:
300872
URI
Datum izdavanja:
2.4.2023.
Posjeta: 650 *