Whatever the position, it is important to note the differences between the principles as evidence. With regard to the legal reserve, we have seen its definition above. (…) The accusation of an affront to the principle of the old criminal law sparked much controversy on the grounds that the acts punished by the Nuremberg Tribunal were not considered crimes at the time they were committed. In addition, there were points of criticism, such as the high politicism of the Nuremberg tribunal (in which the «winners» would judge the «losers»); the fact that it is a precarious and exceptional court (created retrospectively to prosecute certain crimes); and the penalties it imposes (such as the death penalty). 22. It is for the European Union to legislate privately on: I – civil, commercial, criminal, procedural, elective, agricultural, maritime, aeronautics, space and labour law; […] One paragraph. Complementary law may empower States to legislate on certain matters relating to this article. Donnedieu de Vabres, Henri Félix Auguste. Today`s criminal justice. Date.
1929. Classification (CDDir) The political foundation, also briefly explained, emphasizes the protection of man from state influence. That is, it creates a protective shield in favour of the citizen, who knows why he is being prosecuted and what sanctions can be imposed on him if he engages in the characterized behaviour. In addition, the citizen can act as he sees fit for what is not prohibited, without fear of being punished. The Supreme Court says that there is also a democratic basis in the principle of legal deference: it establishes that the people determine what conduct is a crime and their respective penalties. In the preamble to the Pact of Saint Joseph of Costa Rica, which adopted in this American international treaty a regime of personal freedom and social justice based on respect for essential human rights, on the basis of the human person, follows an excerpt: According to the doctrinator Donnedieu de Vabres (1929), international criminal law defines it as the science that determines the jurisdiction of the criminal courts of the State in confrontation with foreign jurisdictions. , the application of its criminal law and the effects of foreign criminal proceedings have made it subject exclusively to domestic criminal law. In order to allow for the attribution of crimes against persons in the criminal area of the International Criminal Court, the Rome Statute included in its text principles and principles governing such application, namely: nullum crime sine lege; nulla poena sine lege; Non-retroactivity ratione personae; individual criminal responsibility; exclusion from jurisdiction for minors under 18 years of age; irrelevance of official capacity; the responsibility of military commanders and other superiors; Undesirability; psychological elements; grounds for exclusion from criminal responsibility; error of fact or law; hierarchical decision-making; Complementarity and natural judgment. The principle of legality set out in Article 5(II) of FC/88 stipulates that no one is obliged to act or abstain from acting otherwise than by law. Therefore, the obligations of individuals can only be created by normative means generated in accordance with an appropriate legislative procedure. In order to facilitate these trials, Germany enacted a law transferring jurisdiction to the German Supreme Court in Leipzig for the prosecution of defendants.
This event, known as the Leipzig trial, despite its limited scope, represented progress for international criminal justice. The Leipzig Process has helped to relax the principle of absolute sovereignty of each State in dealing with crimes committed on its territory and to demonstrate the need for international criminal jurisdiction. (BRANDÃO, 2006) It was followed by the signing of the Treaty of Versailles on 28 March. June 1919 between the Allies, the Associated Powers and Germany. This treaty provided in Article 227 for the creation of an ad hoc international criminal tribunal to convict Kaiser Wilhelm II for the outbreak of war, and in Articles 228 and 229 for the trial of the German army accused of violating the laws and customs of war by Allied military tribunals or military tribunals of one of the Allies. (ACCIOLY, CASELLA, 2010) The legal reservation shields us from the free will of the State, because no agent will be punished without motivation, since it requires clear proof of the authorship of a behavior previously qualified as criminal, the investigation of which took place within the limits of the law, and the penalty will be proportional to the concussion inflicted on the victim, so that the punishment is not easy. or too heavy for the accused. Also called the principle of strict legality, it comes from the Magna Carta of 1215 by John Landless. According to him, the law, and only the law, is the immediate formal source of criminal law, so that it alone can create crimes and determine the respective penalties. Indeed, the criminal law will never go back to punish past facts, unless it serves the advantage of the accused, and therefore only conduct committed after the validity of the typification of criminal behavior will be punishable.
The creation of a permanent criminal justice system represents a major step forward, bringing important advantages over ad hoc competence, such as cost savings in implementation, institutional stability and, above all, increased legitimacy resulting from increased guarantees of impartiality, equality and uniformity in the application of the law. Therefore, we can say that the two principles mentioned are of the utmost importance for criminal law. If due process is improved, the executor must not abuse his or her power to impose inappropriate sanctions on the Foundation. Nevertheless, there are abuses on the part of the representative of the judiciary. In some cases, the legislator cannot speak of a closed criminal type. Given the word «possible» in the definition of tax activity, the open type was created because it is not always possible to list the many conditions, situations or types in which the facts take place in the corporation. By way of example, we cite article 154 of the Criminal Code: A crime of a legal nature is conduct characterized by criminal law, which as a penalty is imprisonment or imprisonment alone or subsidiarily or cumulatively with the penalty of a fine (art. 1, Introduction to the Criminal Code) and offences such as the offence to which the Act relates in isolation, simple imprisonment or a fine, or both. alternative or cumulative. In view of this, it should be stressed that criminal law is indeed a jurisprudence, one that must be treated with extreme and zealousness, because it protects the highest human rights and, therefore, entails the most severe penalties for criminals. The Disarmament Act sets a deadline for the supply of illegal weapons to the authorities in order to erase the criminal responsibility of these owners. After the original deadline, an extension was granted by means of an interim measure.
The question of the validity of the measure reached the Supreme Court, which ruled that the law was not illegal because it was more favourable. It also forces the analysis of the two types of legal reservation according to the orientations of the dominant doctrine: «ultima ratio means «last resort» or «last resort».