kriminaalõiguslikkus

Kriminaalõiguslikkus refers to the principle of legality in criminal law. This principle dictates that no one can be punished for an act that was not defined as a crime by law at the time it was committed. It also means that no punishment can be imposed that was not prescribed by law. This fundamental concept ensures that individuals are aware of what conduct is prohibited and what the consequences of such conduct will be.

The principle of kriminaalõiguslikkus is often expressed by the Latin maxim "nullum crimen, nulla poena sine lege," meaning "no crime, no punishment without law." This principle has several key components. Firstly, the law must be clear and accessible, allowing individuals to understand what is forbidden. Secondly, the law must be prospective, meaning it cannot be applied retroactively to punish actions that were legal when they occurred. Thirdly, the law must be strictly interpreted, meaning that criminal statutes should not be expanded by analogy to cover conduct not explicitly prohibited.

In essence, kriminaalõiguslikkus serves as a crucial safeguard against arbitrary state power and ensures fairness and predictability in the application of criminal justice. It underpins the rule of law by requiring that all criminal proceedings be based on pre-existing, clearly defined legal norms. This prevents the state from creating new crimes or imposing punishments in an arbitrary or unpredictable manner.