Practice question · Put in order
Arrange the stages by which conduct comes to be punished, in the order they occur.
- The court imposes a penalty within the statutory range
- A court finds facts matching the description
- The legislator identifies an interest worth protecting
- The legislator attaches a penalty to that description
- The legislator describes the conduct that attacks it
Hints
- The first three belong to the legislator and the last two to the court.
- The description of the conduct must exist before any facts can match it.
Show the answer
- The legislator identifies an interest worth protecting
- The legislator describes the conduct that attacks it
- The legislator attaches a penalty to that description
- A court finds facts matching the description
- The court imposes a penalty within the statutory range
Why
The break between the third and the fourth step is the principle of legality in outline. Everything the legislator does must be finished before the conduct occurs; everything the court does is bounded by what the legislator already wrote. Reverse the order at any point and you have a court punishing conduct nobody had described.
Practise Criminal Law in Two Senses
The app has 4 more questions on this lesson, and keeps your place in the course. Law I is free to start.
More questions on Criminal Law in Two Senses
- Why is a single article such as "whoever kills another shall be punished with ten to fifteen years" said to…
- Article 10 of the Criminal Code defines offences as intentional or negligent acts and omissions punished by…
- Spanish doctrine treats a penal article as containing two distinct norms rather than a single rule. What…
- Complete the vocabulary of the penal norm.
- Into how many classes does Article 13 of the Criminal Code sort offences by the gravity of their penalty?
- Sort each response by the branch of law that imposes it.
- A blank penal law is one that leaves the penalty to be fixed by a regulation.
- Match each term to what it names.
- In what year was the Spanish Criminal Code now in force enacted?