Legal Certainty and Justice in the Area of Criminal Law Cover Image

Правна сигурност и справедливост в наказателното право
Legal Certainty and Justice in the Area of Criminal Law

Author(s): Dilyan Nachev
Subject(s): Law, Constitution, Jurisprudence, Criminal Law
Published by: Нов български университет
Keywords: Legal Certainty; Justice; Criminal Law; Predictability; Social Justification
Summary/Abstract: The issue of the ratio between the principle of legal certainty and the principle of justice of the legal system is one of the most important and controversial topics in legal theory. Finding the balance between them is, however, a prerequisite for the proper functioning of the legal system. This is particularly noticeable in the area of criminal law in which the competition between those two legal principles is greatest. In this article, I argue that the balance between the predictability of law and its social justification may be sought in the field of positive law, since the legislature often establishes mechanisms and rules in order to achieve said balance. As an illustration of this, I have pointed out such legal phenomena as insubstantial acts, relatively-fixed criminal penalties, prescription terms etc.