Define: Nullum Crimen Sine Lege

– “Nullum crimen sine lege” is a Latin phrase that translates to “no crime without law.” It is a fundamental principle in criminal law that states that a person cannot be punished for an act that was not considered a crime at the time it was committed.

– This principle ensures that individuals are not subjected to retroactive criminal laws. It provides legal certainty and protects individuals from being punished for acts that were not illegal when they were committed.

– Yes, there are exceptions to this principle. In certain circumstances, retroactive criminal laws may be applied if they are more favorable to the accused. However, these exceptions are limited and subject to strict interpretation.

– No, the principle of “nullum crimen sine lege” cannot be waived by an individual. It is a fundamental legal principle that cannot be overridden by consent or agreement.

– The principle of “nullum crimen sine lege” is also recognized in international law. It ensures that individuals cannot be prosecuted for acts that were not criminalized under international law at the time they were committed.

– Yes, the principle of “nullum crimen sine lege” can be used as a defence in criminal cases. If a person is charged with a crime that was not considered illegal at the time of the alleged offense, they can argue that the principle applies and seek acquittal.

– No, the principle of “nullum crimen sine lege” specifically applies to criminal law cases. It does not have the same application in civil law cases.

– No, the principle of “nullum crimen sine lege” cannot be overridden by legislation. It is a fundamental legal principle that forms the basis of criminal law and cannot be disregarded or modified by legislative action.

– Yes, several international treaties, such as the International Covenant on Civil and Political Rights, explicitly recognize and protect the principle of “nullum crimen sine lege” to ensure fair and just legal systems worldwide.

– The principle of “nullum crimen sine lege” is closely linked to the presumption of innocence. It ensures that individuals are presumed innocent until proven guilty and protects them from being punished for acts that were not considered crimes at the time they were committed.