HISTORYCZNE ZNACZENIE ZASADY IN POENALIBUS CAUSIS BENIGNIUS INTERPRETANDUM EST
HISTORICAL IMPORTANCE OF THE PRINCIPLE IN POENALIBUS CAUSIS BENIGNIUS INTERPRETANDUM EST

Summary/Abstract: Searching the historical roots of the humanitarianism principle, which in some way determinesthe institutional shaping of the legal norms of criminal law and the rules of their interpretation, it isusual to point to the period of Enlightenment. However it should be noted, that the directive requiringthe most favorable interpretation for the perpetrators was already known to Roman law. One of themwas undoubtedly the principle in poenalibus causis benignius interpretandum est. The subject of thispaper is the history of the title legal maxim, from its formulation by the Roman jurist Paulus to thecanon law of the twentieth century.

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