The principle of legality in Criminal Law

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In Criminal Law, the principle of legality assumes that only the law can determine which behaviors constitute a crime, as well as the penalties that they entail. When we talk about law, we refer to it in its formal sense. That is to say: general provisions that have been approved by the Cortes Generales and sanctioned by the Head of State, in accordance with the procedure regulated between articles 90 and 91 of the Spanish Constitution . This is a principle that is based on the Latin expression nullum crimen, nulla poena sine praevia lege (no crime, no punishment without prior law). We can help you At Dexia Abogados we are lawyers specializing in criminal law in Madrid . If you need a criminal law firm with extensive experience, contact us and f.3 of the Spanish Constitution : The Constitution guarantees the principle of legality, the normative hierarchy, the publicity of the norms, the non-retroactivity of sanctioning provisions that are not favorable or restrictive of individual rights, legal certainty, responsibility and the prohibition of the arbitrariness of public powers.

Article 25.1 of the Spanish Constitution : No one can be convicted or sanctioned for actions or omissions that at the time of their occurrence do not constitute a crime, misdemeanor or administrative infraction, according to the legislation in force at that time. What guarantees are derived from the principle of legality in Criminal Law? The guarantees that the principle of legality entails in Criminal Law are the following: Criminal DM Databases warrant (no crime without prior law) Only those acts that the law has classified as such will be considered crimes ; a requirement that also responds to the need for legal certainty in the criminal field. Criminal guarantee (nulla poena sine lege previa) Only the penalty previously established by law for the commission of a crime may be imposed . Jurisdictional guarantee (null crime, null sets its trial) To carry out a sentence for a criminal act, it is necessary that a trial has been held in the competent court and that a final conviction has been issued .



Executive guarantee Any sanction imposed for the commission of a crime must be executed in the legally provided manner , without any excess. What prohibitions does the principle of legality entail in Criminal Law? Likewise, the principle of legality in Criminal Law entails a series of prohibitions: Prohibition of non-retroactivity of criminal laws . It is derived from the lex praevia, and means that a law that is less favorable than the one that existed at the time of the commission of the crime cannot be applied retroactively to the offender, but the law that is most favorable to him can be applied. Prohibition of referral to lower regulatory bodies. It is a prohibition related to the lex stricta, by which both crimes and penalties must be established by law, and not by other inferior regulations. Prohibition of indeterminacy. It comes from the lex stricta et scripta, and means that both crimes and penalties must be described as precisely as possible, for reasons of legal certainty. Prohibition of analogy in mala partem.