Principle of legality in criminal law facts for kids

The principle of legality is a super important idea in criminal law. It means that no one can be found guilty of a crime unless there was a clear law already in place that said what they did was wrong. This idea was first developed in the 1700s by an Italian lawyer named Cesare Beccaria. He believed that laws should be clear and known to everyone.

This principle is often summed up by a Latin phrase: Latin: nulla poena sine lege, which means "no punishment without law." Today, this rule is a basic part of how modern, fair countries work. It helps make sure that laws are clear and that people are treated fairly.

What is the Principle of Legality?

The principle of legality makes sure that:

• Laws are written down and clear.
• People know what actions are against the law.
• You can't be punished for something that wasn't a crime when you did it.
• Judges can't just make up new crimes.

This helps protect people from unfair or secret laws. It also makes sure that governments follow their own rules.

Legality Around the World

Many countries have this principle as a core part of their legal systems. Let's look at a few examples.

Canada's Approach to Fair Laws

In Canada, the idea of legality is found in their laws. For example, Article 9 of the Canadian Criminal Code says that crimes must be defined by Canadian law. This means judges can't create new crimes based on old traditions.

Article 11g of the Canadian Charter also states: "Every defendant has a right to not be found guilty of an action or omission which, at the moment it took place, did not constitute an infraction under the internal law of Canada..." This means you can't be punished for something that wasn't illegal when you did it. There is one exception: crimes like genocide or crimes against humanity are always considered wrong, even if a country's local law didn't specifically list them at the time.

France's Legal History

In France, the principle of legality (called French: principe de légalité) has a long history. It started with the French Penal Code of 1791 during the French Revolution. This idea is also in the 1789 Declaration of the Rights of Man and of the Citizen. This important document gives the principle of legality strong legal power and sets limits on how citizens can be punished.

Germany's Rule of Law

In Germany, Article 103, paragraph 2 of the Basic Law for the Federal Republic of Germany (Germany's Constitution) clearly stops laws from being applied backwards in time. It says:

An action is only subject to a penalty if it was punishable under the law that was in effect before the action was taken.

This rule was put in place after the fall of the Nazi government to prevent unfair punishments. It was later confirmed in court cases.

Switzerland's Clear Laws

Switzerland also has this principle. Article 1 of the Swiss Criminal Code states that a punishment can only be given for an action that is clearly forbidden by law.

Sometimes, an action that seems "illegal" might be allowed in Switzerland if there's a good reason. For example, if someone acts in legitimate defense (protecting themselves) or out of necessity (doing something wrong to prevent a greater harm), it might not be considered a crime.

United States and Due Process

In the United States, the idea of fair laws is found in the Fifth Amendment of the Constitution of the United States. This amendment includes the concept of due process, which means the government must follow fair procedures when dealing with people. Also, Article I of the Constitution, section 10, paragraph 1 forbids laws that punish people for actions that were not crimes when they happened.

See also

• Nulla poena sine lege
• Principle of legality in French criminal law