Practice question · True or false
A blank penal law is one that leaves the penalty to be fixed by a regulation.
Hints
- Ask which element the criminal statute must always contain itself.
- What is completed elsewhere is part of the description of the conduct.
Show the answer
False
Why
False, and this is the standard misdescription. The penalty must appear in the criminal statute; so must the essential core of the prohibition. What the referral supplies is part of the description of the conduct — a discharge limit, a list of controlled substances, a technical standard — and even that is accepted only under conditions.
Practise Criminal Law in Two Senses
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