Practice question · Multiple choice
The principle of culpability insists that there is no penalty without individual guilt. What follows from this requirement when an offence causes catastrophic societal harm?
Hints
- Does the measure of guilt depend on external consequences or the actor's mental state?
- Whom does the requirement of Article 5 CP directly constrain during sentencing?
Show the answer
B. The penalty remains strictly bounded by the offender's subjective fault
Why
Confusing the gravity of the objective harm with individual blameworthiness breaches Article 5 CP. Because culpability binds the trial judge rather than just the drafter, societal impact cannot elevate a sentence beyond subjective fault or permit strict liability.
Practise The Other Limits on the Power to Punish
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