Complete the requirements of the criminal statute.
That the statute must exist before the conduct is the requirement of lex ______. That it must be written, and of statutory rank, is lex scripta. That it may not be extended by analogy against the accused is lex ______. That it must describe the conduct precisely enough to guide a citizen is lex ______. Non bis in idem requires an identity of subject, of facts, and of ______.
Word bank: praevia · stricta · certa · foundation · scripta · posterior
Hints
- The first blank is the one that non-retroactivity protects.
- The last blank is the element that decides whether a criminal penalty and an administrative sanction can stand together.
Show the answer
That the statute must exist before the conduct is the requirement of lex praevia. That it must be written, and of statutory rank, is lex scripta. That it may not be extended by analogy against the accused is lex stricta. That it must describe the conduct precisely enough to guide a citizen is lex certa. Non bis in idem requires an identity of subject, of facts, and of foundation.
The last blank is where the real litigation happens. Identity of subject and of facts is usually obvious; identity of foundation asks whether the two sanctions protect the same interest, and answering it decides whether an administrative fine and a criminal penalty for one episode may both stand.
Practise The Principle of Legality
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 The Principle of Legality
- Arrange these statements of the principle of legality in chronological order.
- Why is it consistent to forbid retroactive criminal law and at the same time apply a later, milder law to…
- The requirement of lex certa binds the legislator rather than the trial judge. Why does this distinction…
- In Spain a custom cannot create a criminal offence.
- How many identities must coincide before the principle of non bis in idem prevents a second sanction?
- The prohibition of analogy in criminal law bars any analogical reasoning whatever, including reasoning that…
- Arrange the checks a court makes under the principle of legality, in the order they arise.
- Sort each defect by the requirement of the criminal statute that it violates.
- Which are true of the requirement of lex certa?