Complete the account of the limits on the power to punish.
Criminal law may protect only interests of sufficient importance, called legal ______. The requirement that it be used only where a lesser instrument will not do is ______. Article 5 of the Criminal Code provides that there is no penalty without intent or ______. Article 15 of the Constitution prohibits torture and inhuman or degrading punishment, and abolishes the ______ penalty.
Word bank: goods · subsidiarity · negligence · death · fragmentariness · humanity
Hints
- The second blank names the branch of ultima ratio about choosing between instruments.
- The bank contains a second branch of ultima ratio that is not the answer here.
Show the answer
Criminal law may protect only interests of sufficient importance, called legal goods. The requirement that it be used only where a lesser instrument will not do is subsidiarity. Article 5 of the Criminal Code provides that there is no penalty without intent or negligence. Article 15 of the Constitution prohibits torture and inhuman or degrading punishment, and abolishes the death penalty.
The bank deliberately holds both branches of ultima ratio. Subsidiarity is about choosing between instruments for the same attack; fragmentariness is about protecting a good only against the gravest forms of attack rather than against all of them. They point the same way and answer different questions.
Practise The Other Limits on the Power to Punish
The app has 5 more questions on this lesson, and keeps your place in the course. Law I is free to start.
More questions on The Other Limits on the Power to Punish
- The principle of exclusive protection of legal goods permits criminalising conduct solely on the ground that…
- Why does the principle of ultima ratio bear chiefly on the legislator rather than on the judge?
- Article 5 of the Criminal Code provides that there is no penalty without intent or negligence.
- What is the ordinary maximum duration, in years, of a prison sentence under Article 36 of the Criminal Code,…
- Arrange the questions a legislator committed to these limits should ask, in order, before creating a new…
- Sort each proposed offence by how it fares under the principle of exclusive protection of legal goods.
- Arrange these developments in the humanisation of punishment in chronological order.
- The principle of culpability insists that there is no penalty without individual guilt. What follows from…