Practice question · Multiple choice
Spanish doctrine treats a penal article as containing two distinct norms rather than a single rule. What follows from this distinction when examining the addressee of the statute?
Hints
- Who must adjust their daily conduct before any judicial intervention occurs?
- To whom is the obligation to apply a sanction specifically directed?
Show the answer
C. Citizens are directed to abstain whilst judges are directed to sanction
Why
Conflating the two addressees ignores how the legal order bifurcates conduct guidance from adjudicative duty. The citizen is bound ex ante by the behavioural command, whereas the judicial mandate to punish arises only ex post upon breach.
Practise Criminal Law in Two Senses
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