THE "NULLUM CRIMEN SINE LEGE" PRINCIPLE IN THE RULINGS OF ADMINISTRATIVE COURTS Cover Image

ZASADA "NULLUM CRIMEN SINE LEGE" W ORZECZNICTWIE SĄDÓW ADMINISTRACYJNYCH
THE "NULLUM CRIMEN SINE LEGE" PRINCIPLE IN THE RULINGS OF ADMINISTRATIVE COURTS

Author(s): Anna Błachnio-Parzych
Subject(s): Law, Constitution, Jurisprudence, Criminal Law
Published by: Wydawnictwa Uniwersytetu Warszawskiego
Keywords: nullum crimen sine lege; principle of legality; penal responsibility; administrative-criminal responsibility; lex retro non agit

Summary/Abstract: "Nullum crimen sine lege" is one of the main principles of penal law, to which responsibility for specific administrative offenses, so-called administrative-criminal responsibility, belongs. This principle means that penal offenses and penalties for their commission should be prescribed in statutes, in a manner that is precise and clear. It also requires a strict interpretation of penal law and prohibits retroactive application of provisions introducing and tightening penal responsibility. The importance of this principle under substantive criminal law is reflected in the rulings of the courts. The purpose of this article is to answer the question of how this principle is perceived and whether it plays the same role in the rulings of administrative courts in cases concerning administrative-criminal responsibility.

  • Issue Year: 2022
  • Issue No: 93
  • Page Range: 20-35
  • Page Count: 16
  • Language: Polish
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